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U.S. v. BANEGAS

No. 08-10915.

600 F.3d 342 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Enrique BANEGAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 9, 2010.

Attorney(s) appearing for the Case

Susan Cowger, John Kull, Asst. U.S. Attorneys, Dallas, TX, for U.S.

Abe Factor, Factor & Campbell, LLP, Fort Worth, TX, for Banegas.

Before DAVIS, WIENER, and SOUTHWICK, Circuit Judges.

WIENER, Circuit Judge:

Defendant-Appellant Jose Enrique Banegas appeals both his jury conviction of conspiracy to possess with intent to distribute 100 kilograms or more of marijuana in violation of 21 U.S.C. §§ 846, 841(a)(1) & (b)(1)(B)(vii) and the jury's special verdict of forfeiture pursuant to 21 U.S.C. § 853(a). Banegas contends that (1) his due process right to a fair trial was violated when he was forced to wear leg shackles during his...

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