UNITED STATES v. ZULE

No. 78-5043.

581 F.2d 1218 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Anthony ZULE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 16, 1978.


Attorney(s) appearing for the Case

Clyde W. Woody, Houston, Tex., for defendant-appellant.

J. A. Canales, U. S. Atty., James R. Gough, George A. Kelt, Jr., Jim C. Ezer, James L. Powers, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before GEWIN, RONEY and GEE, Circuit Judges.


GEE, Circuit Judge:

Appellant Zule was convicted of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. On appeal he challenges the admission of a co-conspirator's statement and the sufficiency of the evidence. We agree that the statement was inadmissible and that the evidence was insufficient. Accordingly, we reverse the convictions.

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