Legal Opinion

United States of America, Vsv. Walter K. Fischer and Gregory Stueve

Court of Appeals for the Fifth Circuit

Decided June 22, 1976No. 75--3251PublishedCited by 35 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge.

In a jury trial, both appellants were convicted of (1) conspiracy to possess and distribute cocaine (2) possession with intent to distribute the cocaine, and (3) distribution of the cocaine 1 . Motions for a new trial were denied by the district court, and appellants were sentenced to periods of confinement and to additional special parole terms. Appellants raise a number of issues before this Court, two of which require us to reverse their convictions and remand for a new trial.

I

The evidence presented by the government at trial tended to show the following. On the…

2Cases cited14 opinions

  1. Roviaro v. United StatesSupreme Court of the United States · 1957
  2. Quercia v. United StatesSupreme Court of the United States · 1933
  3. Starr v. United StatesSupreme Court of the United States · 1894
  4. United States v. George Camillo JacquillonCourt of Appeals for the Fifth Circuit · 1972
  5. Narberto Angelo Portomene v. United StatesCourt of Appeals for the Fifth Circuit · 1955

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3Cited by35 opinions

  1. United States v. Phillip Onori and Theodore BukkyCourt of Appeals for the Fifth Circuit · 1976
  2. United States v. Oscar Ordonez, German Hernandez Garcia, AKA Jaime RiveraCourt of Appeals for the Ninth Circuit · 1984
  3. United States v. William J. JohnsonCourt of Appeals for the Fifth Circuit · 1983
  4. The United States of America v. Clinton Ladon CooperCourt of Appeals for the Fifth Circuit · 1991
  5. United States v. Victor Varella, Charles Gavin and Raul Felix ChineaCourt of Appeals for the Eleventh Circuit · 1983

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