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U.S. v. PENNINGTON

No. 93-7165.

20 F.3d 593 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. John Wayne PENNINGTON and John Mitchell Margiotta, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 6, 1994.

Attorney(s) appearing for the Case

Rodney Alexander, Houston, TX (court-appointed), for John Wayne Pennington.

Suzanne Bonnel Schlicher, (court-appointed), Tekell, Book, Matthews & Limmer, Houston, TX, for John Mitchell Margiotta.

James Turner, Paula Offenhauser, Asst. U.S. Attys., Gaynelle G. Jones, U.S. Atty., Guy L. Womack, Asst. U.S. Atty., Houston, TX, for plaintiff-appellee.

Before WOOD, SMITH, and DUHÉ, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

John Margiotta and John Pennington appeal the district court's denial of their motions for acquittal based upon insufficient evidence made after a jury found Margiotta guilty of possession with intent to distribute marihuana and found Pennington guilty of possession with intent to distribute marihuana and conspiracy to possess with intent to distribute marihuana. Furthermore, Pennington raises...

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