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UNITED STATES v. CARDENAS

No. 85-1299.

778 F.2d 1127 (1985)

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

United States Court of Appeals, Fifth Circuit.

December 23, 1985.

Attorney(s) appearing for the Case

Michael Tarre, Coral Gables, Fla., for defendant-appellant.

James A. Rolfe, U.S. Atty., Fort Worth, Tex., James T. Jacks, Lynn Hastings, Asst. U.S. Attys., Dallas, Tex., for plaintiff-appellee.

Before GOLDBERG, RANDALL, and JOHNSON, Circuit Judges.

JOHNSON, Circuit Judge:

Gabriel De Jesus Cardenas was convicted by a jury of three counts of possession of a controlled substance with intent to distribute in violation of 21 U.S.C. § 841(a)(1). After the jury returned its verdict, the defendant raised (1) a motion for new trial based on prosecutorial misconduct during trial and (2) a motion for acquittal. The district court granted the motion for acquittal, holding that there was insufficient evidence to support...

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