UNITED STATES v. RIVERO

No. 75-1577.

532 F.2d 450 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Eligio Fermin RIVERO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 20, 1976.


Attorney(s) appearing for the Case

Nicholas J. Capuano, Richard M. Gale, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Samuel A. Alter, Jr., Asst. U. S. Atty., Miami, Fla., Samuel Sheres, Narcotics and Dangerous Drugs Section, Crim. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, GOLDBERG and RONEY, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Rivero's appeal from his conviction of attempting to distribute approximately 11 kilos — nearly 22 pounds — of cocaine1 (Count I) and the dependent but distinguishable crime of unlawfully carrying a firearm during the commission of a federal felony (Count II)2 turns to a great extent on the admissibility of evidence of a relatively miniscule 2 grams of cocaine, one...

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