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UNITED STATES v. CANALES

No. 78-5410.

596 F.2d 664 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Nemencio CANALES, Benito Canales, Eduardo Vasquez and Juan Torres-Alaniz, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 2, 1979.

Attorney(s) appearing for the Case

John R. Coe, Houston, Tex., for N. Canales and Vasquez.

Bennie E. Ray, Brownsville, Tex., for B. Canales.

Tony Martinez, Brownsville, Tex. (Court-appointed), for Torres-Alaniz.

J. A. Canales, U. S. Atty., James R. Gough, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., John Patrick Smith, Asst. U. S. Atty., Brownsville, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, AINSWORTH and DYER, Circuit Judges.

AINSWORTH, Circuit Judge:

In this criminal appeal each of the four appellants challenges the sufficiency of evidence to support his conviction after a jury trial of various offenses relating to the possession and distribution of controlled substances in southern Texas. Appellant Benito Canales also charges a fatal variance between the indictment and the proof at trial. As we find the evidence sufficient to sustain the convictions and find no prejudicial variance between...

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