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U.S. v. MARTINEZ-MERCADO

No. 89-1343 Summary Calendar.

888 F.2d 1484 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Javier MARTINEZ-MERCADO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 15, 1989.

Attorney(s) appearing for the Case

Eduardo N. Lerma, El Paso, Tex., for defendant-appellant.

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

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.

GARWOOD, Circuit Judge.

A jury found Appellant Javier Martinez-Mercado (Martinez) guilty of importing marihuana into the United States, in violation of 21 U.S.C. § 952(a), and of possessing marihuana with intent to distribute it, in violation of 21 U.S.C. § 841(a)(1). Martinez appeals on several grounds, maintaining that the prosecution improperly failed to disclose certain evidence to him before trial; that the trial judge incorrectly denied his motion...

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