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U.S. v. GARZA

No. 04-41244.

448 F.3d 294 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Cabrera GARZA, also known as Tito, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 26, 2006.

Attorney(s) appearing for the Case

Traci Lynne Kenner, Asst. U.S. Atty. (argued), Tyler, TX, Maureen Clancy Smith, Asst. U.S. Atty., Sherman, TX, for U.S.

F. Clinton Broden (argued), Broden & Mickelsen, Dallas, TX, for Garza.

Before JONES, Chief Judge, and KING, and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

On January 9, 2003, Appellant Francisco Garza was charged in one count of a multi-count, multi-defendant indictment with conspiracy to distribute or dispense, or possess with intent to distribute or dispense 3,4 methylenedioxy-methamphetamine ("MDMA" or "Ecstasy"), methamphetamine, cocaine, and gamma hydroxybutyrate ("GHB") in the Eastern District of Texas. A trial was held from July 13-18, 2003, and Garza was subsequently convicted of the conspiracy...

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