UNITED STATES v. CARRILLO

No. 77-5019.

565 F.2d 1323 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Conrado Gillie CARRILLO and Ernest Pete Montoya, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 13, 1978.


Attorney(s) appearing for the Case

Lucien B. Campbell, Federal Public Defender, C. Larry Mathews, Jr., Asst. Federal Public Defender, El Paso, Tex., for Carrillo.

Roddy L. Harrison, Pecos, Tex. (Court-Appointed), for Montoya.

Jamie C. Boyd, U. S. Atty., LeRoy M. Jahn, Ronald P. Guyer, W. Ray Jahn, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before WISDOM, GEWIN and AINSWORTH, Circuit Judges.


Rehearing and Rehearing En Banc Denied February 13, 1978.

GEWIN, Circuit Judge:

Conrado Gillie Carrillo and Ernest Pete Montoya were found guilty by a jury and convicted for possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a)(1), and for importation of that heroin into the United States from the Republic of Mexico in violation of 21 U.S.C. § 952(a).

Both defendants challenge the sufficiency of the evidence to...

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