U.S. v. LOMBARDI

No. 97-20134.

138 F.3d 559 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Gregg LOMBARDI, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 3, 1998.


Attorney(s) appearing for the Case

Jeffery Alan Babcock, Paula Camille Offenhauser, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Kent A. Schaffer, Steven Jeffrey Lieberman, Bires & Schaffer, Houston, TX, for Defendant-Appellant.

Before POLITZ, Chief Judge, and SMITH and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge:

Defendant was convicted for trafficking marijuana and for using a juvenile in a drug offense. He appeals arguing that the government failed to prove that he knowingly and intentionally used a juvenile. We agree.

BACKGROUND

This case results from a cooperative sting operation between Florida and Texas DEA agents. DEA Special Agent DeSantis and an informant began negotiations with Appellant Gregg Lombardi ("Lombardi") and...

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