U.S. v. REYES

No. 95-20281.

102 F.3d 1361 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Virgilio REYES, also known as Jose Rafael Garcia, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 1996.


Attorney(s) appearing for the Case

James Lee Turner, Paula Camille Offenhauser, U.S. Attorney's Office, Houston, TX, for United States of America Plaintiff-Appellee.

Richard B. Kuniansky, Dameris & Kuniansky, Houston, TX, for Defendant-Appellant.

Before REAVLEY, GARWOOD and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

Defendant-Appellant, Jose Virgilio Reyes, principally appeals his conviction of using or carrying a firearm during and in relation to a drug-trafficking crime in violation of 18 U.S.C. § 924(c)(1). Reyes claims that reversal of his conviction is mandated because the evidence at trial was insufficient to support the jury's verdict and because the district court's instructions to the jury constituted a constructive amendment of the indictment...

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