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U.S. v. ZUNIGA-SALINAS

Nos. 90-2773, 90-2824.

945 F.2d 1302 (1991)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Nolberto ZUNIGA-SALINAS, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 16, 1991.

Attorney(s) appearing for the Case

Richard J. Gonzalez, Laredo, Tex. (court-appointed), for defendant-appellant, Salinas-Zuniga.

Paula Offenhauser, Jeffery A. Babcock, Asst. U.S. Attys., Henry K. Oncken, U.S. Atty., Houston, Tex., Patty M. Stemler, Deputy Chief, Appellate Section, U.S. Dept. of Justice, Main Justice Dept., Washington, D.C., for plaintiff-appellee U.S. in No. 90-2773.

Jeffery A. Babcock, Asst. U.S. Atty., Stephen S. Morris, U.S. Atty., Mark M. Dowd, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellant U.S. in No. 90-2824.

Before WISDOM, JOLLY, and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Nolberto Zuniga-Salinas ("Salinas") appeals his conviction for possession of marihuana with intent to distribute, on the ground that the evidence was insufficient to support the jury's verdict, and also appeals the district court's denial of his motion for a new trial based upon the inadequacy of his counsel. The government cross-appeals the district court's granting of Salinas's motion for acquittal after the jury had found him guilty...

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