U.S. v. COLUNGA

No. 86-2560 Summary Calendar.

812 F.2d 196 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto Garza COLUNGA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 27, 1987.


Attorney(s) appearing for the Case

Joseph A. Connors, III, McAllen, Tex., for defendant-appellant.

Susan L. Yarbrough, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., Mervyn Hamburg, Atty., Appellate Section, Crim. Division, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before REAVLEY, JOHNSON, and W. EUGENE DAVIS, Circuit Judges.


JOHNSON, Circuit Judge.

Following a guilty plea on two drug conspiracy counts, Roberto Colunga was sentenced to consecutive five year terms of imprisonment. In United States v. Colunga, 786 F.2d 655 (5th Cir.1986), this Court held that the Government had established only a single conspiracy; consequently, sentencing Colunga on both conspiracy counts violated the double jeopardy clause. The panel vacated both sentences and remanded...

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