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U.S. v. DeVARONA

No. 88-5555.

872 F.2d 114 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Nelson DeVARONA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 18, 1989.

Attorney(s) appearing for the Case

W. Troy McKinney, George J. Parnham, Houston, Tex., for defendants-appellants.

Mervyn Hamberg, Crim. Div., Dept. of Justice, Washington, D.C., LeRoy Morgan Jahn, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., Daniel Maeso, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before THORNBERRY, WILLIAMS and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Nelson DeVarona appeals his conviction for conspiracy to possess cocaine with intent to distribute on grounds that: (1) a variance existed between the indictment and the government's proof; and (2) the indictment improperly joined his conspiracy count with a substantive possession count against two other defendants. We find no error and affirm.

I.

A.

A jury convicted DeVarona on one count of a two-count indictment...

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