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UNITED STATES v. GARCIA

No. 82-2237 Summary Calendar.

693 F.2d 412 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Reynaldo GARCIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 22, 1982.

Attorney(s) appearing for the Case

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

John M. Potter, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before BROWN, REAVLEY and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge.

I. INTRODUCTION

Appellant Reynaldo Garcia was indicted on five counts of conspiring to distribute and distributing a total of 119.1 grams of heroin between February 17, 1981, and March 23, 1981, in violation of 21 U.S.C. §§ 841(a)(1), 846 and 18 U.S.C. § 2. On February 1, 1982, Garcia's plea of guilty to one count of distributing .4 grams of heroin was accepted, and on motion of the government the other four...

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