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UNITED STATES v. FITZHARRIS

No. 79-5355.

633 F.2d 416 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Cyril B. FITZHARRIS, Archie Edwin Whatley and Arturo Cantu, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 22, 1980.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, Karen K. Brown, Asst. Pub. Defender, Houston, Tex., for Fitzharris.

Hugh Loew, Austin, Tex., Edward A. Mallett, Houston, Tex., for Whatley.

Bennie E. Ray, Brownsville, Tex., for Cantu.

James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before RUBIN, HENDERSON and REAVLEY, Circuit Judges.

HENDERSON, Circuit Judge:

Arturo Cantu, Cyril Fitzharris and Archie Whatley appeal their convictions of conspiring to possess marijuana with intent to distribute, in violation of 21 U.S.C.A. § 846.1 All three appellants contend that the trial court erroneously admitted confiscated marijuana. Cantu and Whatley insist that the evidence was insufficient to prove their involvement in the conspiracy. Partly because of the factual nature...

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