UNITED STATES v. GOMEZ

No. 84-2648.

776 F.2d 542 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo Alonza GOMEZ, Antonio Reyes Espinoza and Gilbert Barnett Hartman, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 18, 1985.

Dissenting Opinion November 18, 1985.


Attorney(s) appearing for the Case

L. Aron Pena, Edinburg, Tex., for Gomez and Hartman.

J.A. Canales, Nancy M. Simonson, Corpus Christi, Tex., for Antonio Espinoza.

Helen M. Eversberg, U.S. Atty., Jack Frels, Sidney Powell, Asst. U.S. Atty., San Antonio, Tex., Mervyn Hamburg, Atty., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before RANDALL, DAVIS and HILL, Circuit Judges.


Rehearing and Rehearing En Banc Denied November 18, 1985.

AMENDED OPINION

W. EUGENE DAVIS, Circuit Judge.

Ricardo Alonza Gomez, Antonio Reyes Espinoza and Gilbert Hartman appeal their convictions for conspiracy to possess with intent to distribute marijuana and aiding and abetting one another in the substantive offense of possession with intent to distribute marijuana. We find the evidence introduced at trial was insufficient to sustain Espinoza...

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