UNITED STATES v. GOMEZ-ROJAS

No. 74-1914.

507 F.2d 1213 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto GOMEZ-ROJAS, and Michael Rece Sutherlin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 26, 1975.


Attorney(s) appearing for the Case

Clarence D. Moyers, Gus Rallis, El Paso, Tex., for Sutherlin and Rojas.

William S. Sessions, U. S. Atty., San Antonio, Tex., Ronald F. Ederer, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and GODBOLD, Circuit Judges.


GOLDBERG, Circuit Judge:

Appellants Sutherlin and Gomez-Rojas were each convicted by a jury on March 13, 1974, of conspiracy to possess 300 pounds of marihuana with intent to distribute that substance, and of knowingly and intentionally possessing that same marihuana with intent to distribute it, in violation of 21 U.S.C. §§ 846 and 841(a)(1). Although the trial court originally sentenced each appellant to two consecutive five-year terms in prison, with...

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