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UNITED STATES v. BENAVIDES

Nos. 78-5464, 78-5466.

596 F.2d 137 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Damian Pena BENAVIDES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 4, 1979.

Attorney(s) appearing for the Case

Nancy L. Benoit, Dallas, Tex. (Court-appointed), for Benavides.

Samuel T. Biscoe, Dallas, Tex. (Court-appointed), for Garcia.

J. A. Canales, U. S. Atty., James R. Gough, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., Robert A. Berg, Asst. U. S. Atty., Corpus Christi, Tex., for plaintiff-appellee.

Before GODBOLD, Circuit Judge, SKELTON, Senior Judge, and RUBIN, Circuit Judge.

ALVIN B. RUBIN, Circuit Judge:

Damian Pena Benavides challenges his convictions for possession with intent to distribute marijuana, a violation of 21 U.S.C. § 841(a)(1), and willfully failing to appear before the district court for trial, in violation of 18 U.S.C. § 3150. Except for the selection of the jury, the trial for possession with intent to distribute marijuana was held in the absence of Benavides and his wife, who was the co-defendant. Both defendants...

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