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UNITED STATES v. BARNARD

No. 76-3003.

553 F.2d 389 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Brian Dennis BARNARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 22, 1977.

Attorney(s) appearing for the Case

Daniel V. Alfaro, Albert R. Huerta, Corpus Christi, Tex., for defendant-appellant.

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

Before SIMPSON, GEE and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 22, 1977.

GEE, Circuit Judge:

For his alleged role in transporting marijuana away from the Texas-Mexico border, Brian Dennis Barnard was convicted in a nonjury trial of conspiracy to possess and possession of marijuana in violation of 21 U.S.C. §§ 846 and 841(a)(1) (1970). He received on each count a three-year sentence with a two-year special parole term, the sentences to run concurrently. Finding as...

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