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Legal Opinion

United States v. Nelson Devarona

Court of Appeals for the Fifth Circuit

Decided April 18, 1989No. 88-5555PublishedCited by 56 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

Nelson DeVarona appeals his conviction for conspiracy to possess cocaine with intent to distribute on grounds that: (1) a variance existed between the indictment and the government’s proof; and (2) the indictment improperly joined his conspiracy count with a substantive possession count against two other defendants. We find no error and affirm.

I

A

A jury convicted DeVarona on one count of a two-count indictment for conspiracy to possess cocaine with intent to distribute under 21 U.S.C. § 846. Count One alleged a single conspiracy between DeVarona and three…

2Cases cited16 opinions

  1. United States v. Mayo Perez, DefendantsappellantsCourt of Appeals for the Fifth Circuit · 1974
  2. United States v. Ben Lee Basey, Armando Jose Lopez, and Oscar Quirarte Ponce, DefendantsCourt of Appeals for the Fifth Circuit · 1987
  3. United States v. Irving L. NapueCourt of Appeals for the Seventh Circuit · 1988
  4. United States v. Marisa Lemm, United States of America v. Phyllis Ellen Stonys, United States of America v. Val Bolton MagheeCourt of Appeals for the Eighth Circuit · 1982
  5. United States v. Patrick C. RichersonCourt of Appeals for the Fifth Circuit · 1987

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

3Cited by56 opinions

  1. United States v. Puig-InfanteCourt of Appeals for the Fifth Circuit · 1994
  2. United States v. Ruben Rocha, Thomas Padilla, Hector Garcia-Garcia, Johnny Robert Hinojosa, and Jose Santos GallegosCourt of Appeals for the Fifth Circuit · 1990
  3. United States v. WilliamsonCourt of Appeals for the Tenth Circuit · 1995
  4. United States v. Amos Salmon, No. 90-3355, Raymond E. Washington, No. 90-3363, Richard Fitzpatrick, No. 90-3366, John Surratt, No. 90-3438Court of Appeals for the Third Circuit · 1991
  5. United States v. GaytanCourt of Appeals for the Fifth Circuit · 1996

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

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