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U.S. v. DANIEL

No. 88-2266 Summary Calendar.

866 F.2d 749 (1989)

The UNITED STATES of America, Plaintiff-Appellee, v. Charles M. DANIEL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 10, 1989.

Attorney(s) appearing for the Case

Michael P. Haines, J.L. Sadick, Houston, Tex., for defendant-appellant.

Frances H. Stacy, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Paula C. Offenhauser, Houston, Tex., for plaintiff-appellee.

Before POLITZ, KING, and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

I. Factual and Procedural Background.

Appellant Charles Monroe Daniel was charged, in a five-count indictment, with conspiracy to possess with intent to distribute more than 100 kilograms of marijuana, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846 (count one); possession with intent to distribute more than 100 kilograms of marijuana, 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B) (counts two and five); and...

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