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UNITED STATES v. LERMA

No. 81-2052 Summary Calendar.

657 F.2d 786 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Elibardo LERMA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

September 30, 1981.

Attorney(s) appearing for the Case

L. Aron Pena, Edinburg, Tex., for defendant-appellant.

Anna E. Stool, John M. Potter, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before AINSWORTH, REAVLEY and RANDALL, Circuit Judges.

AINSWORTH, Circuit Judge:

Jose Elibardo Lerma was indicted and convicted of conspiracy to possess marijuana with intent to distribute, possession of marijuana with intent to distribute, and using a communication facility to accomplish these offenses, each a violation of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. §§ 841(a)(1), 843(b), 846. Lerma appeals, arguing that certain evidentiary rulings, the insufficiency of the evidence...

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