UNITED STATES v. FLORES

No. 77-5059.

564 F.2d 717 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Erasmo Olivarez FLORES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 12, 1977.


Attorney(s) appearing for the Case

Raul L. Longoria, L. Aron Pena, Edinburg, Tex., for defendant-appellant.

J. A. Canales, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., Robert A. Berg, Asst. U. S. Atty., Corpus Christi, Tex., George A. Kelt, Jr., Mary L. Sinderson, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before GOLDBERG and MORGAN, Circuit Judges, and WYZANSKI, District Judge.


GOLDBERG, Judge:

Defendant Flores was charged with knowingly possessing marijuana with the intent to distribute. 21 U.S.C. § 841. In a trial to the court, the defendant was convicted and sentenced to four years imprisonment, to be followed by a special parole term of three years. Finding the government's evidence insufficient to support the conviction, we reverse.

The facts of this case are very simple. Flores was a passenger in a pickup truck stopped...

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