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U.S. v. HERNANDEZ

No. 89-1538.

901 F.2d 1217 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Santos Menendez HERNANDEZ and Rigoberto Rosal, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 10, 1990.

Attorney(s) appearing for the Case

Rafael Salas, El Paso, Tex., for Hernandez.

Ray Velarde, court-appointed counsel, El Paso, Tex., for Rosal.

Joseph Douglas Wilson, Atty., Appellate Section, Crim. Div., U.S. Dept. of Justice, Washington, D.C., LeRoy Morgan Jahn, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for U.S.

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

JERRY E. SMITH, Circuit Judge:

Following the denial of their motion to suppress the evidence of 4,500 pounds of marihuana found in their possession, defendants Santos Menendez Hernandez and Rigoberto Rosal were convicted by a jury of conspiracy to distribute and to possess with intent to distribute over 1,000 kilograms of marihuana and of possession with intent to distribute more than 1,000 kilograms of marihuana, both in violation of 21 U.S.C. § 841(a)(1). The...

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