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U.S. v. RIVAS

No. 96-10302.

157 F.3d 364 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos RIVAS; Douglas Ibarra, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 2, 1998.

Attorney(s) appearing for the Case

Michael Reuss Snipes, Asst. U.S. Atty., Dallas, TX, for Plaintiff-Appellee.

Juan Luis Burgos-Gandia, Richardson, TX, for Carlos Rivas.

James Warren St. John, Ft. Worth, TX, for Douglas Ibarra.

Before DUHÉ, BENAVIDES and STEWART, Circuit Judges.

STEWART, Circuit Judge:

This case is before us on appeal from defendants' convictions in the district court of one count each of conspiracy to possess with the intent to distribute and possession with intent to distribute, in excess of 5 kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. For the following reasons we REVERSE in part and AFFIRM in part.

BACKGROUND

On September 4, 1995, Carlos Rivas applied to enter the...

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