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UNITED STATES v. OLVERA

No. 75-1480.

523 F.2d 1252 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique OLVERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 21, 1975.

Attorney(s) appearing for the Case

Larzaro Garza-Gongora, Jr., Marcel C. Notzon, II, Laredo, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., James R. Gough, Jr., Anna E. Stool, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before JONES, WISDOM and AINSWORTH, Circuit Judges.

PER CURIAM:

We reverse and remand this case. There is no evidence to support a jury finding that the defendant-appellant, Enrique Olvera, possessed two grams of cocaine with intent to distribute the drug. Olvera contended that he possessed the cocaine for his personal use. The amount was too small for its possession to raise an inference that he had the cocaine with the intent to distribute it. Turner v. United States, 1970, 396 U.S. 398

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