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U.S. v. McKENZIE

No. 86-1833.

818 F.2d 115 (1987)

UNITED STATES of America, Appellee, v. Ralph McKENZIE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 13, 1987.

Attorney(s) appearing for the Case

Jose A. Fuentes-Agostini, by Appointment of the Court, with whom Troncoso & Fuentes-Agostini, San Juan, P.R., was on brief for defendant, appellant.

Jose R. Gaztambide, Rio Piedras, P.R., with whom Daniel F. Lopez Romo, U.S. Atty., and Jose A. Quiles, Asst. U.S. Atty., Hato Rey, P.R., were on brief for appellee.

Before CAMPBELL, Chief Judge, BREYER and SELYA, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

Appellant Ralph McKenzie was convicted of violating 21 U.S.C. § 841(a)(1) (1982) (possessing a controlled substance with intent to distribute it), § 952(a) (importing a controlled substance into the United States), and § 955 (possessing a controlled substance on board an aircraft arriving in the United States).

The facts as the jury might have believed them are as follows:

On May 28, 1986 Customs Inspector...

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