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U.S. v. GARCIA

Nos. 97-40854, 97-40855.

179 F.3d 265 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Felipe GARCIA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Michael Angel Garcia, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 21, 1999.

Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder, David Robert Steinman, Paula Camille Offenhauser, Assistant U.S. Attorney, Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Federal Public Defender, H. Michael Sokolow, Juan Ramon Flores, Houston, TX, for Juan Felipe Garcia.

Sigifredo Perez, III, Kazen, Muerer & Perez, Laredo, TX, for Michael Angel Garcia.

Before JOLLY, BARKSDALE and BENAVIDES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Michael Garcia and Juan Garcia pleaded guilty to conspiracy to possess, and actual possession with the intent to distribute, over 100 kilograms of marijuana in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B) and 846. They entered their guilty pleas after an adverse hearing on a motion to suppress evidence, including their confessions. The defendants conditioned their guilty pleas, however, preserving...

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