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U.S. v. HERNANDEZ

No. 91-4502. Summary Calendar.

962 F.2d 1152 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 3, 1992.

Attorney(s) appearing for the Case

Robert R. Harris, El Paso, Tex., for defendant-appellant.

Mervyn Hamburg, U.S. Dept. of Justice, Washington, D.C., Bob Wortham, U.S. Atty., Wes Rivers, Asst. U.S. Atty., Tyler, Tex., for plaintiff-appellee.

Before GARWOOD, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant Ralph Hernandez (Hernandez) appeals his conviction, following a jury trial, of one count of conspiracy to distribute marihuana and four counts of possession of marihuana with intent to distribute. He challenges the sufficiency of the evidence, complains of the denial of his request for a severance, claims a fatal variance between the indictment and the evidence, and contends that a witness was improperly allowed to assert...

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