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U.S. v. STOWELL

No. 90-2223.

947 F.2d 1251 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Janice M. STOWELL, a/k/a Jody Annmarie Tucker, Gary Lane Williams, a/k/a Jackson King and Jimmy Wood, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 15, 1991.

Attorney(s) appearing for the Case

Marjorie A. Meyers, Asst. Federal Public Defender, Roland E. Dahlin, II, Federal Public Defender, Houston, Tex., for Stowell.

Dick DeGuerin, DeGuerin & Dickson, Houston, Tex., for Williams.

Jeralyn E. Merritt, Denver, Colo., for defendants-appellants.

Paula Offenhauser, Asst. U.S. Atty., Ronald G. Woods, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before WISDOM, HIGGINBOTHAM, and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

A jury convicted the defendants of conspiring to possess and aiding and abetting the possession of more than one hundred kilograms of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(B). We affirm the convictions of Williams and Tucker. We reverse the conviction of Wood and remand for a new trial because the district court, over objection, refused to instruct the jury regarding...

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