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U.S. v. HUMPHREY

No. 92-1207.

7 F.3d 1186 (1993)

UNITED STATES of America, Plaintiff-Appellee Cross-Appellant, v. Vincent Edward HUMPHREY, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

November 12, 1993.

Attorney(s) appearing for the Case

Max Tarbox, Lubbock, TX (Court-appointed) for appellant.

William Mateja, C. Richard Baker, Asst. U.S. Attys., Richard H. Stephens, U.S. Atty., Lubbock, TX, for appellee.

Before WIENER and EMILIO M. GARZA, Circuit Judges, and CLEMENT, District Judge.

CLEMENT, District Judge:

I. FACTS AND PROCEDURAL HISTORY

Defendant-Appellant Vincent Edward Humphrey was arrested on August 30, 1991, and charged with selling cocaine base and possession of cocaine base with the intent to distribute. Humphrey pleaded not guilty to both counts.

On September 17, 1991, a grand jury returned a one-count indictment against Humphrey. The indictment alleged Humphrey possessed with intent to distribute 24.57 grams of cocaine...

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