U.S. v. MALTOS

No. 92-2040.

985 F.2d 743 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Armando MALTOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 30, 1992.


Attorney(s) appearing for the Case

Ray Taylor, Phillip R. Spicer, Jr., Taylor, Holiner & Spicer, San Antonio, TX, for defendant-appellant.

Thomas I. Meehan, Paula C. Offenhauser, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, TX, for plaintiff-appellee.

Before REAVLEY, SMITH, and DeMOSS, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Jose Armando Maltos ("Maltos") appeals his conviction, by a jury, of one count of conspiracy to possess with intent to distribute in excess of five kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. Finding the evidence insufficient as a matter of law to sustain the jury's verdict, we reverse.

I.

Sometime before May 12, 1991, members of the Houston High Intensity Drug Trafficking...

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