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UNITED STATES v. CORTEZ

No. 75-2166 Summary Calendar..

521 F.2d 1 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Rolando CORTEZ and Gilberto Castaneda, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 9, 1975.

Attorney(s) appearing for the Case

Sherman A. Ross, Houston, Tex., for Cortez.

Keith B. Browne, Kingsville, Tex., for Castaneda.

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

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GEWIN, Circuit Judge:

Appellant Cortez was convicted of conspiracy to import and possess, with intent to distribute a controlled substance (300 pounds of marijuana), in violation of §§ 841(a)(1), 846, 952(a) and 963 of the Controlled Substances Act, 21 U.S.C. § 801 et seq. (1970). He appeals from this judgment of conviction, rendered after a jury verdict, under Count I of a three count indictment. Appellant Castaneda was convicted under an identical...

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