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U.S. v. GUTIERREZ-CHAVEZ

No. 87-1522.

842 F.2d 77 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Fernando GUTIERREZ-CHAVEZ, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 3, 1988.

Attorney(s) appearing for the Case

Salvador C. Ramirez, Robert R. Harris, El Paso, Tex., for plaintiff-appellant.

Helen M. Eversberg, U.S. Atty., San Antonio, Tex., Shelley A. Longmuir, Deborah Watson, Atty., Crim. Div., Dept. of Justice, Washington, D.C., for defendant-appellee.

Before GARWOOD, and JONES, Circuit Judges, and HITTNER, District Judge.

EDITH H. JONES, Circuit Judge:

Defendant Fernando Gutierrez-Chavez ("Gutierrez") appeals his conviction for conspiracy to import, and conspiracy to possess with intent to distribute, more than 50 kilos of marijuana in violation of 21 U.S.C. § 952(a) and § 841(a)(1). Gutierrez was tried together with two alleged coconspirators, one of whom had signed a confession incriminating Gutierrez and assisted police in taping a conversation between herself and Gutierrez...

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