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U.S. v. GARCIA

No. 99-51091.

242 F.3d 593 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Gilbert GARCIA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 15, 2001.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Randolph Stelmach, Asst. U.S. Atty. (argued), San Antonio, TX, for Plaintiff-Appellee.

Chris K. Gober (argued), Nicholas & Barrera, Adrienne Urrutia, San Antonio, TX, for Defendant-Appellant.

Before HIGGINBOTHAM and DeMOSS, Circuit Judges, and KENT, District Judge.

SAMUEL B. KENT, District Judge:

Defendant Gilbert Garcia Jr. appeals his conviction and sentence for conspiracy to possess with intent to distribute a quantity of marijuana and aiding and abetting the possession with the intent to distribute a quantity of marijuana. He argues: (1) that the evidence was insufficient to sustain his conviction for aiding and abetting, (2) that the District Court erred in denying his requested downward adjustment for minor participation...

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