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UNITED STATES v. JENNINGS

No. 83-1707 Summary Calendar.

726 F.2d 189 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Clayton Wayne JENNINGS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 21, 1984.

Attorney(s) appearing for the Case

William A. White, Austin, Tex., for defendant-appellant.

Daniel E. Maeso, Sidney Powell, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before TATE, GARWOOD and HIGGINBOTHAM, Circuit Judges.

TATE, Circuit Judge:

The defendant appeals from his conviction upon bench trial of possession of 21 pounds of marijuana with intent to distribute. 21 U.S.C. § 841(a)(1). On the present appeal,1 his sole contention is that the evidence was insufficient to prove that he had either actual or constructive possession of the marijuana seized in a truck in which he was riding as passenger at the time of his arrest. We affirm.

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