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U.S. v. MARTINEZ-MONCIVAIS

No. 92-5593.

14 F.3d 1030 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar MARTINEZ-MONCIVAIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 9, 1994.

Attorney(s) appearing for the Case

George Scharmen, San Antonio, TX, for defendant-appellant.

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

Before GARWOOD and BARKSDALE, Circuit Judges, and SHAW, Chief Judge.

SHAW, Chief District Judge:

OPINION

In May 1990, a grand jury sitting in the San Antonio Division of the Western District of Texas returned a 24-count indictment charging 36 individuals with participating in a far-reaching criminal enterprise involving the importation, transportation, and distribution of substantial amounts of illegal drugs. The appellant, Oscar Martinez-Moncivais ("Martinez"), was specifically charged in Count Three of the indictment...

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