UNITED STATES v. MARTINEZ

No. 78-5719.

604 F.2d 361 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Andres MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 6, 1979.


Attorney(s) appearing for the Case

Donovan Campbell, Jr. (court-appointed), Dallas, Tex., for defendant-appellant.

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

Before WISDOM, CLARK and GEE, Circuit Judges.


Rehearing and Rehearing En Banc Denied November 6, 1979.

WISDOM, Circuit Judge:

The defendant, Andres Martinez, appeals his jury conviction of one count of violating 21 U.S.C. § 846 and one count of violating 21 U.S.C. § 841(a)(1). These counts respectively relate to conspiracy to possess a controlled substance, heroin, with the intent to distribute it, and the completed substantive offense of possessing a controlled substance with the intent to...

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