UNITED STATES v. MOTA

No. 78-5421.

598 F.2d 995 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Evelio MOTA and Juan Flores, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 16, 1979.


Attorney(s) appearing for the Case

Steven Kreisberg, Asst. Federal Public Defender, Miami, Fla., for Mota.

S. David Jaffe, Miami, Fla., for Flores.

Joel C. Fanning, Linda C. Hertz, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before TUTTLE, TJOFLAT and HILL, Circuit Judges.


TJOFLAT, Circuit Judge:

Juan Flores and Evelio Mota, following a joint jury trial, were convicted of conspiracy to distribute cocaine and possession of cocaine with intent to distribute in violation of 18 U.S.C. § 2 (1976) and 21 U.S.C. §§ 841(a)(1), 846 (1976). In addition, Flores was convicted of unlawfully carrying a firearm during the commission of a felony in violation of 18 U.S.C. § 924(c)(2) (1976).

Flores's defense to the charges...

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