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UNITED STATES v. GARZA

No. 75-3587.

531 F.2d 309 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Faustino GARZA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 18, 1976.

Attorney(s) appearing for the Case

Tony Martinez, Brownsville, Tex. (Court appointed), for defendant-appellant.

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

Before DYER and CLARK, Circuit Judges, and KRAFT, District Judge.

KRAFT, District Judge:

Appellant, Faustino Garza, was charged in a two-count indictment with having (1) knowingly and intentionally imported from Mexico 1142 pounds of marihuana1 and (2) knowingly and intentionally possessed, with intent to distribute, the same marihuana.2 Appellant was acquitted of importation, but adjudged guilty of possession with intent to distribute.

Appellant makes three contentions...

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