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UNITED STATES v. BATENCORT

No. 78-5663 Summary Calendar.

592 F.2d 916 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Sierra BATENCORT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 9, 1979.

Attorney(s) appearing for the Case

Mark Vela, Houston, Tex. (Court-appointed), for defendant-appellant.

J. A. Canales, U.S. Atty., John M. Potter, George A. Kelt, Jr., Ronald G. Woods, James R. Gough, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before COLEMAN, FAY and RUBIN, Circuit Judges.

COLEMAN, Circuit Judge.

Carlos Sierra Batencort was charged in a two-count indictment with the importation into the United States of a controlled substance and with the possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1) and 952(a). Following a jury trial, Batencort was acquitted on count II, possession with intent to distribute, and was convicted on count I, importation. He received a sentence of four years, to be...

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