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U.S. v. CARRILLO-MORALES

No. 92-5720.

27 F.3d 1054 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Augustin CARRILLO-MORALES, Carlos Prado-Yepez, Pedro Gallegos, Jr., and Rudy Louis Austin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 22, 1994.

Attorney(s) appearing for the Case

Raymundo Aleman, San Antonio, TX (court-appointed), for Carrillo-Morales.

Luther H. Soules, III, Soules & Wallace, San Antonio, TX (court-appointed), for Gallegos.

Daniel P. McCarthy, San Antonio, TX (court-appointed), for R.L. Austin.

Mark Stevens, San Antonio, TX, for Prado-Yepez.

Mark R. Stelmach, Richard L. Durbin, Jr., Asst. U.S. Attys., James H. DeAtley, Acting U.S. Atty., San Antonio, TX, for U.S.

Before GARWOOD, JOLLY and SMITH, Circuit Judges.

GARWOOD, Circuit Judge:

Defendants-appellants Augustin Carrillo-Morales (Carrillo), Carlos Prado-Yepez (Prado), Pedro Gallegos, Jr. (Gallegos), and Rudy Louis Austin (Austin) were convicted of, and sentenced for, conspiracy to possess, with intent to distribute, more than one hundred kilograms of marihuana, and of aiding and abetting each other in the commission of the underlying substantive offense. On appeal, Prado and Gallegos contend that the district court erred...

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