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U.S. v. SARABIA

No. 10-40125.

661 F.3d 225 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Hugo Elio SARABIA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 20, 2011.

Attorney(s) appearing for the Case

Amy Howell Alaniz (argued), Asst. U.S. Atty., McAllen, TX, James Lee Turner , Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Fabian Guerrero (argued), Law Office of Fabian Guerrero, Edinburg, TX, for Defendant-Appellant.

Before JOLLY, DeMOSS and PRADO, Circuit Judges.

PRADO, Circuit Judge:

This case concerns whether a jury's acquittal of a defendant on one count of conspiracy to possess with the intent to distribute marijuana necessarily required determining a fact that would prevent retrying the defendant for possession with the intent to distribute marijuana. After Hugo Sarabia Jr. (Sarabia) was acquitted by a jury of one count of conspiracy to possess with the intent to distribute marijuana, the Government sought to retry him...

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