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U.S. v. DELGADO

No. 07-41041.

631 F.3d 685 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Maria Aide DELGADO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 19, 2011.

Attorney(s) appearing for the Case

James Lee Turner , Asst. U.S. Atty. (argued), Houston, TX, for U.S.

Marjorie A. Meyers , Fed. Pub. Def., Timothy William Crooks and Margaret Christina Ling (argued), Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before WIENER, DENNIS, and CLEMENT, Circuit Judges.

DENNIS, Circuit Judge:

Defendant-Appellant Maria Aide Delgado was convicted of (1) possession of marijuana with the intent to distribute and (2) conspiracy to commit the same offense, 21 U.S.C. § 841(a)(1) & (b)(1)(B); 18 U.S.C. § 371. She was sentenced to a concurrent term of 100 months imprisonment for each conviction. Delgado appealed. For the reasons assigned herein, we vacate her convictions and sentences, dismiss the conspiracy charge of the indictment...

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