U.S. v. de LUNA

No. 86-2473 Summary Calendar.

815 F.2d 301 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Cosme de LUNA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 7, 1987.


Attorney(s) appearing for the Case

Roberto J. Flores, (Court-appointed), McAllen, Tex., for defendant-appellant.

Susan L. Yarbrough, James R. Gough, Asst. U.S. Attys., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before GEE, RUBIN, and JOLLY, Circuit Judges.


GEE, Circuit Judge:

This singular appeal from a conviction of possessing twenty-two hundred pounds of marijuana with intent to distribute it presents two conflicting points of error only. In one, de Luna asserts that the evidence was insufficient to support the jury verdict that he knowingly possessed the drug; in the other, he asserts that because the evidence clearly established his knowing possession of the drug, it was reversible error to charge the jury on deliberate...

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