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U.S. v. GONZALEZ

No. 96-41246.

163 F.3d 255 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Hipolito GONZALEZ, Jr., Abelardo Gerardo Gonzalez, and Alberto Javier Gonzalez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 26, 1999.

Attorney(s) appearing for the Case

Eric Darnell Smith, Paula Camille Offenhauser, Asst. U.S. Atty., Julia Bowen Stern, Houston, TX, for Plaintiff-Appellee.

Julio A. Garcia, Oscar J. Pena, Sr., Laredo, TX, for Defendants-Appellants.

Before KING, SMITH and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

Appellants Hipolito Gonzalez, Jr. ("Hipolito Gonzalez"), Abelardo Gerardo Gonzalez ("Gerardo Gonzalez") and Alberto Javier Gonzalez ("Alberto Gonzalez") appeal their convictions and sentences for violations of drug and firearm statutes. We affirm in part, and vacate and remand in part.

FACTS

A.

The evidence at trial established the following facts.

Around 2:50 a.m. on September 8, 1995, Arturo Rocha...

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