UNITED STATES v. ROGERS

No. 83-1072.

719 F.2d 767 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Burnie ROGERS and Johnny Albert Callahan, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 31, 1983.


Attorney(s) appearing for the Case

Evelina Ortega, Asst. Federal Public Defender, El Paso, Tex., for Rogers.

Roddy Harrison, Pecos, Tex., for Johnny Callahan.

Sidney Powell and Michael McDonald, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GEE and POLITZ, Circuit Judges:


GEE, Circuit Judge:

The issue of serious consequence in this case is whether sufficient evidence supports the convictions of the defendant Rogers for conspiracy and possession of marihuana with intent to distribute it. Others merit only brief discussion; some none. Viewing the evidence most favorably to the verdicts of conviction, the facts are as follows.

In August 1982, Rogers, his thirteen-year-old son Craig and co-defendant Callahan drove the long road...

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