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UNITED STATES v. HERNANDEZ

No. 77-5051.

574 F.2d 1362 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Evasio HERNANDEZ, a/k/a, Eduardo Gonzalez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 16, 1978.

Attorney(s) appearing for the Case

Jeffrey S. Weiner, Miami, Fla., for defendant-appellant.

J. V. Eskenazi, U. S. Atty., R. Jerome Sanford, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, RONEY and FAY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

After a jury trial Evasio Hernandez was convicted of conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C.A. §§ 841(a)(1), 846 (Count II of the indictment). The jury also convicted Hernandez of possessing marijuana with intent to distribute in violation of 21 U.S.C.A. § 952(a) and 18 U.S.C.A. § 2 (Count IV of the indictment). Hernandez was given a three-year sentence on each count with the...

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