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UNITED STATES v. MILLER

No. 86-1131.

799 F.2d 985 (1986)

UNITED STATES of America, Plaintiffs-Appellants, v. Mark Steven MILLER and Jesus Salvador Zambrano-Mares, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 12, 1986.

Attorney(s) appearing for the Case

Kevin E. Shannon, Federal Public Defender, El Paso, Tex., for Miller.

Joseph A. Calamia, El Paso, Tex. (Court-appointed), for Mares.

Rangeley Wallace, Atty., Dept. of Justice, Washington, D.C., Helen M. Eversberg, U.S. Atty., El Paso, Tex., for the U.S.

Before REAVLEY and POLITZ, Circuit Judges and BELEW, District Judge.

BELEW, District Judge:

Appellants Mark Steven Miller and Jesus Salvadore Zambrano-Mares (hereinafter "Zambrano") appeal from the judgment entered on the jury's verdict of guilty on Counts 1 (conspiracy to possess heroin with intent to distribute) and Count 3 (possession of heroin with intent to distribute). A judgment of acquittal was entered as to both appellants on Count 2 (importation of heroin). Both appellants were sentenced to concurrent five year terms of imprisonment...

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