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UNITED STATES v. VAHALIK

No. 79-5181, Summary Calendar.

606 F.2d 99 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Floyd A. VAHALIK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 3, 1979.

Attorney(s) appearing for the Case

Rip Collins, Austin, Tex., for defendants-appellants.

LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GODBOLD, REAVLEY and ANDERSON, Circuit Judges.

PER CURIAM:

Appellant Floyd Vahalik appeals from his non-jury trial at which he, along with his wife, was convicted of possession with intent to distribute a Schedule II Controlled Substance, methamphetamine, in violation of 21 U.S.C. § 841(a)(1). Appellant contends, first, that the government failed to prove his identity and to prove the date of the offense as stated in the indictment. Second, appellant argues that...

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