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U.S. v. OCHOA

No. 10-51238.

667 F.3d 643 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny OCHOA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 13, 2012.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Asst. U.S. Atty., Diane D. Kirstein , Ellen A. Lockwood , Asst. U.S. Atty. (argued), San Antonio, TX, for Plaintiff-Appellee.

Scott Anderson (argued), Dallas, TX, for Defendant-Appellant.

Before SMITH, PRADO and ELROD, Circuit Judges.

JENNIFER WALKER ELROD, Circuit Judge:

A jury found Johnny Ochoa, Jr. guilty of (1) conspiracy to possess with intent to distribute at least five kilograms of cocaine and (2) unlawful use of a communication facility, in this case a cell phone. The district court sentenced him to 235 months and 48 months, running concurrently. On appeal, Ochoa argues that there was insufficient evidence to support his conspiracy conviction. He also argues that the district court erred...

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