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U.S. v. CERVANTES-PACHECO

No. 84-2687.

826 F.2d 310 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Adalberto CERVANTES-PACHECO, Jerry Wayne Nelson and William E. Nelson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 21, 1987.

Attorney(s) appearing for the Case

Melvyn Kessler, Miami, Fla., for Pacheco and Jerry Wayne Nelson.

Oscar J. Pena, Laredo, Tex., for William E. Nelson.

Robert J. Erickson, Dept. of Justice, Washington, D.C., Susan L. Yarbrough, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., James R. Gough, Asst. U.S. Atty., Houston, Tex., Ann T. Wallace, U.S. Dept. of Justice, Crim. Div., Washington, D.C., for plaintiff-appellee.

Before CLARK, Chief Judge, GOLDBERG, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, HILL and JONES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Appellants, Adalberto Cervantes-Pacheco, Jerry Wayne Nelson and William E. Nelson, along with five other co-defendants, were charged in a two-count indictment with conspiracy to possess more than 1,000 pounds of marijuana with intent to distribute, 21 U.S.C. §§ 841(a), 846, and conspiracy to import marijuana from Colombia into the United States. 21 U.S.C. §§ 963, 952(a), 960(a)(1). After a jury trial, each appellant...

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