U.S. v. CASTILLO

No. 94-10777.

77 F.3d 1480 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Ysidro CASTILLO, Jr., aka Curly, aka Big Un, Gary Rhudy, Thomas Charles Brown, aka Big One, Thomas Charles Brown, Jr., aka Little One, Charles Duane Brown, Michael Castillo and David Castillo, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 30, 1996.


Attorney(s) appearing for the Case

Nancy M. Simonson, Jo Ellen Hewins, Canales & Simonson, Corpus Christi, TX, for Y. Castillo.

Dwight D. Brannon, William G. Knapp, Dwight, Brannon & Assoc., Dayton, OH, for T.C. Brown, Sr., T.C. Brown, Jr. & C.D. Brown.

Michael P. Heiskell, Johnson, Vaughn & Heiskell, Ft. Worth, TX, for M. Castillo.

Kevin Joseph Cook (Court-appointed), Payne & Blanchard, Dallas, TX, for David Castillo.

Robert Ford, Ft. Worth, TX, for Gary Rhudy.

Joe C. Lockhart, Rose Romero, Asst. U.S. Attys., Paul E. Coggins, U.S. Atty., Dallas, TX, for appellee.

Before GARWOOD, EMILIO M. GARZA and DeMOSS, Circuit Judges.


GARWOOD, Circuit Judge:

Defendants-appellants (defendants) were convicted of one count of conspiring to possess with the intent to distribute marihuana in violation of 21 U.S.C. § 846. Defendant-appellant David Castillo was additionally found guilty of a second count of possession with intent to distribute approximately thirty-two pounds of marihuana in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(D) and...

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