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UNITED STATES v. HERNANDEZ

No. 82-5721.

724 F.2d 904 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Domingo HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 9, 1984.

Attorney(s) appearing for the Case

Raymond J. Takiff, Coconut Grove, Fla., for defendant-appellant.

Stanley Marcus, U.S. Atty., John F. Peyton, Jr., Linda Collins Hertz, Sonia O'Donnell, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before VANCE and JOHNSON, Circuit Judges, and PITTMAN, District Judge.

VANCE, Circuit Judge:

On February 2, 1981 appellant, Domingo Hernandez, and Linda Christina Davis were indicted in a two-count indictment charging in Count 1 that on January 18, 1981 they knowingly and intentionally possessed with intent to distribute approximately 1,050 pounds of marijuana in violation of 21 U.S.C. § 955a(a) and 18 U.S.C. § 2. Count 2 charged that defendants conspired to possess with intent to distribute the marijuana in violation of 21...

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