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UNITED STATES v. BENAVIDEZ

No. 81-1041.

664 F.2d 1255 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph BENAVIDEZ and Abel Tavarez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 4, 1982.

Attorney(s) appearing for the Case

Levey & Goldstein, Gerald H. Goldstein, Mark Stevens, San Antonio, Tex., for defendants-appellants.

David K. Chapman, San Antonio, Tex., for Abel Tavarez.

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

Before GEE, GARZA and REAVLEY, Circuit Judges.

REAVLEY, Circuit Judge:

Appellants Ralph Benavidez and Abel Tavarez were convicted, along with Charles Luna, of conspiring to possess heroin with intent to distribute, in violation of 21 U.S.C. §§ 846, 841(a). In addition, the two appellants were each convicted on two substantive counts involving Schedule I Narcotic Drug Controlled Substances. See 21 U.S.C. § 841(a), (b)(1)(A). They appeal, arguing that the trial court's failure to comply with...

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