UNITED STATES v. ALVAREZ

No. 76-1689.

548 F.2d 542 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Margarito Juan ALVAREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 6, 1977.


Attorney(s) appearing for the Case

Richard H. Garcia, Ramon Garcia, Edinburg, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., Mary L. Sinderson, George A. Kelt, Jr., Charles E. Lewis, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before GEWIN, GEE and FAY, Circuit Judges.


GEE, Circuit Judge:

Margarito Juan Alvarez was convicted of conspiracy to possess, and possession of, marijuana with intent to distribute in violation of 21 U.S.C. §§ 846, 841(a)(1) (1970) and 18 U.S.C. § 2 (1970). On appeal, he asserts that his convictions are not supported by sufficient proper evidence.

On the night of September 25, 1975, two customs patrol officers conducting a surveillance of the Rio Grande River near Rio Grande City, Texas...

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