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UNITED STATES v. ALVAREZ

No. 78-5783.

610 F.2d 1250 (1980)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Granted March 14, 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 plaintiff-appellee.

Before FAY, RUBIN and HATCHETT, Circuit Judges.

Rehearing En Banc Granted March 14, 1980.

ALVIN B. RUBIN, Circuit Judge:

Manuel Juan Alvarez was convicted of joining with three other persons in a conspiracy to import 110,000 pounds of marijuana from Colombia by air. The evidence against Alvarez, viewed in the light most favorable to the government, portrays him as an underling who loaded electrical appliances aboard a plane that was to fly from the United States to Colombia, and who had stated he would...

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