U.S. v. VILLARREAL

No. 01-40392.

324 F.3d 319 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Rodolfo Ricardo VILLARREAL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 6, 2003.


Attorney(s) appearing for the Case

Renata Ann Gowie, Asst. U.S. Atty. (argued), James Lee Turner, Asst. U.S. Atty., Jeffery Alan Babcock, Houston, TX, for Plaintiff-Appellee.

Adrienne Urrutia (argued), San Antonio, TX, for Defendant-Appellant.

Before HIGGINBOTHAM and DAVIS, Circuit Judges, and HUDSPETH, District Judge.


HUDSPETH, District Judge:

Appellant Rodolfo Ricardo Villarreal ("Villarreal") and several others were charged in a multi-count indictment with various drug offenses. Villarreal was named as a defendant in two counts of the indictment. In the first count, he was charged with conspiracy to distribute and to possess with intent to distribute more than 1000 kilograms of marihuana in violation of 21 U.S.C. § 846. In the third

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