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UNITED STATES v. CARDENAS

No. 83-1720.

748 F.2d 1015 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Gabriel Dejesus CARDENAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 1, 1985.

Attorney(s) appearing for the Case

James A. Rolfe, U.S. Atty., Shirley Baccus-Lobel, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellant.

Max B. Kogen, Lauren Kogen, Miami, Fla., for defendant-appellee.

Before JOHNSON, JOLLY and DAVIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Gabriel Cardenas was convicted by a jury for possession of a controlled substance with the intent to distribute in violation of 21 U.S.C. § 841(a)(1). The trial court, however, granted a post-verdict judgment of acquittal on the ground that there was insufficient evidence to support the jury's verdict. The government has appealed. Finding that the record does contain sufficient evidence to support the defendant's conviction, we...

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