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UNITED STATES v. ALVAREZ

No. 78-5783.

625 F.2d 1196 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel Juan ALVAREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 23, 1980.

Attorney(s) appearing for the Case

Carl H. Lida, Mark L. Krasnow, Miami, Fla., for defendant-appellant.

Ralph N. Person, Linda Collins Hertz, Asst. U. S. Attys., Miami, Fla., for the United States.

Before COLEMAN, Chief Judge, BROWN, AINSWORTH, GODBOLD, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, and THOMAS A. CLARK, Circuit Judges.

REAVLEY, Circuit Judge:

Manuel Juan Alvarez was convicted of conspiring to import marijuana in violation of 21 U.S.C. § 963 (1976). A panel of this court reversed the conviction because it concluded that the government had failed to produce sufficient evidence that Alvarez had joined in the agreement to engage in illegal activity. United States v. Alvarez, 610 F.2d 1250 (5th Cir. 1980). Sitting en banc we now reach a different...

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