Legal Opinion

United States v. Manuel Ricardo Garcia and Niceforo Gutierrez-Saenz

Court of Appeals for the Fifth Circuit

Decided April 21, 1976No. 75--3543PublishedCited by 34 opinions

1Opinion of the Court

COLEMAN, Circuit Judge.

This is the story of a pound of heroin which swam the Rio Grande and sent four men to prison. Two pleaded guilty. Two others were tried and convicted. They appeal. We affirm as to both appellants.

Gutierrez-Saenz [Saenz] and Garcia were convicted of possessing heroin with intent to distribute and of conspiring to possess heroin intending to distribute it, 21 U.S.C., §§ 841(a)(1) and 846. The overt act charged in the conspiracy count was the delivery of approximately seventeen ounces of heroin on or about May 6, 1975. Garcia was also convicted of carrying a firearm during…

2Cases cited16 opinions

  1. Di Carlo v. United StatesCourt of Appeals for the Second Circuit · 1925
  2. Joseph L. Thomas v. United StatesCourt of Appeals for the Fifth Circuit · 1966
  3. Dowell, Inc. v. JowersCourt of Appeals for the Fifth Circuit · 1948
  4. United States v. Allied Stevedoring Corp., John Ward, John Potter and Michael BowersCourt of Appeals for the Second Circuit · 1957
  5. Young v. United StatesCourt of Appeals for the Fifth Circuit · 1938

11 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Sherman v. Burke Contracting, Inc.Court of Appeals for the Eleventh Circuit · 1990
  2. United States v. Regino PalaciosCourt of Appeals for the Fifth Circuit · 1977
  3. United States v. Paul Rice, Pedro Alvarez, John Leslie Wells, Jr., and Jerold MasslerCourt of Appeals for the Fifth Circuit · 1977
  4. United States v. James William MillerCourt of Appeals for the Fifth Circuit · 1981
  5. United States v. John Anthony SistoCourt of Appeals for the Fifth Circuit · 1976

29 more not listed; retrieve them via the Exa API.

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