UNITED STATES v. ATTELL

No. 80-1897.

655 F.2d 703 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas M. ATTELL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

September 11, 1981.


Attorney(s) appearing for the Case

Charles Louis Roberts, El Paso, Tex., for defendant-appellant.

LeRoy M. Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before RUBIN, RANDALL and TATE, Circuit Judges.


RANDALL, Circuit Judge:

On March 30, 1979, Defendant-Appellant Thomas M. Attell was indicted for conspiracy to possess cocaine with the intent to distribute, in violation of 21 U.S.C. § 846, and for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Following a jury trial in June 1979, Attell was convicted of possession of cocaine with intent to distribute and of conspiracy to possess cocaine, a lesser included offense...

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