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U.S. v. CORTINAS

No. 96-50512.

142 F.3d 242 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest CORTINAS, also known as Neto; Ricardo Rodriguez, also known as Uncle Richard, also known as Mangas; Henry C. Villegas; Daniel Chavez Villegas, also known as El Gordo; Johnny Albert Martinez, also known as Red Rider; Linda Rodriguez, also known as Linda Rodriguez Mata; Eric Wayne Green, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 22, 1998.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Atty., Joan E.T. Stearns, Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for U.S.

Nancy Blair Barohn, Dallas, TX, for Ernest Cortinas and Eric Green.

Robert Thomas Swanton, Jr., Waco, TX, for Ricardo Rodriguez.

John Kuchera, Waco, TX, for Henry G. Villegas.

Gell R. Kingery, Waco, TX, for Daniel Chavez Villegas.

Scott Peterson, Waco, TX, for Johnny Albert Martinez.

Johnny Albert Martinez, Beaver, WV, pro se.

Van Galen Hilley, Goldstein, Goldstein & Hilley, Robert Otto Switzer, San Antonio, TX, for Linda Rodriguez.

Before POLITZ, Chief Judge, DeMOSS, Circuit Judge, and FITZWATER, District Judge.

POLITZ, Chief Judge:

Ernest Cortinas, Ricardo Rodriguez, Henry C. Villegas, Daniel Chavez Villegas, Johnny Albert Martinez, Linda Rodriguez Mata, and Eric Wayne Green were convicted of conspiracy and various substantive offenses arising out of a marihuana distribution enterprise. They challenge on appeal, inter alia, the admissibility of certain evidence, the denial of various motions to sever, the sufficiency of the evidence, and the trial court's sentencing...

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