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U.S. v. MARSHALL

No. 88-1608 Summary Calendar.

878 F.2d 161 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Odell MARSHALL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 7, 1989.

Attorney(s) appearing for the Case

Bruce W. Cobb, Beaumont, Tex., Ruben F. Valdes, Houston, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, JOHNSON, and SMITH, Circuit Judges.

PER CURIAM:

The grand jury returned a one count indictment charging appellant Michael Odell Marshall with possession with intent to distribute 67.5 pounds of marijuana, in violation of 21 U.S.C. § 841(a)(1). Following a bench trial, Marshall was convicted and sentenced to two years' imprisonment. Marshall filed a timely appeal to this Court.

Marshall raises two issues in this appeal. First, Marshall argues that the district court erred in denying his...

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