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U.S. v. PONCE

No. 92-8356.

8 F.3d 989 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Rene PONCE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 10, 1994.

Attorney(s) appearing for the Case

Ben Florey, Austin, TX (Court-appointed), for defendant-appellant.

Joan Stearns, Richard L. Durbin, Jr., Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, TX, for plaintiff-appellee.

Before EMILIO M. GARZA and DeMOSS, Circuit Judges, and ZAGEL, District Judge.

ZAGEL, District Judge:

Michael Rene Ponce was convicted under 21 U.S.C. § 841(a)(1) for possession of heroin with the intent to distribute. Ponce was sentenced to 48 months in prison. He advances three grounds for reversal of his conviction.

I.

Ponce's conviction stems from two separate drug arrests. The first occurred on the night of November 10, 1990 in a high crime area in Austin, Texas. Officer Ivey...

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