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U.S. v. SACERIO

No. 90-1637.

952 F.2d 860 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos SACERIO and Narciso Roberto Rubio, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 22, 1992.

Attorney(s) appearing for the Case

Betsy Walker, Biloxi, Miss. (Court-appointed), for defendants-appellants.

Martha Carson, D'Iberville, Miss. (Court-appointed), for Rubio.

Peter Barrett, Asst. U.S. Atty., George Phillips, U.S. Atty., Biloxi, Miss., for plaintiff-appellee.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

I

Carlos Sacerio and Narciso Roberto Rubio appeal their convictions on one count of conspiracy to possess cocaine with the intent to distribute and one count of possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846. We reverse.

II

Rubio worked at a car wash in Miami. Juan Castellanos, a regular customer at the car...

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