UNITED STATES v. JIMENEZ

No. 79-5326.

622 F.2d 753 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Moises Orozco JIMENEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 28, 1980.


Attorney(s) appearing for the Case

Abel Toscano, Jr., Larry Warner, Harlingen, Tex., for defendant-appellant.

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

Before WISDOM, GOLDBERG and HENDERSON, Circuit Judges.


GOLDBERG, Circuit Judge:

Moises Orozco Jimenez appeals from his conviction for conspiracy to possess cocaine with intent to distribute it, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Jimenez claimed in the trial of the case that he had withdrawn from the conspiracy prior to the commission of any overt act and claims now that his withdrawal was established both by the testimony of the Government's major witness and by that of his witnesses. His primary...

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