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UNITED STATES v. GOMEZ-GERALDO

No. 80-5879 Summary Calendar.

652 F.2d 452 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Aldolfo GOMEZ-GERALDO a/k/a Adolfo Ramirez a/k/a Adolfo Gomez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B.

August 3, 1981.

Attorney(s) appearing for the Case

Paul W. Sloniowki, Atlanta, Ga., for defendant-appellant.

William C. Bryson, Washington, D. C., for plaintiff-appellee.

Before RONEY, FRANK M. JOHNSON, Jr. and HENDERSON, Circuit Judges.

PER CURIAM:

Contrary to defendant's argument, a ten-year sentence on a single count charging conspiracy to import both cocaine and marijuana is not a general sentence in violation of Benson v. United States, 332 F.2d 288 (5th Cir. 1964). Nor is it an illegal sentence because it exceeds the five-year sentence permitted by 21 U.S.C.A. § 960(b)(2) when only marijuana is involved. The jury by special verdict found that both...

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