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Criminal Law Keyed to Osler
United States v. Alvarez
Citation:
727 F. 3d 378 (5th Cir. 2013)Facts
Two undercover officers went undercover an Jaguars Gold Club. They went to a male patron and said that he wanted to purchase cocaine. The patron sold the officer two bags of cocaine for $40.00. The undercover officer reported that the patron was wearing a white hooded sweatshirt, had a thing goatee, and a small teardrop tattoo on his face. He saw the patron enter a white Chevy Blazer. Another officer initiated a traffic stop after the vehicle left and did a consensual search the patron who is the defendant in this case, and found six more bags of cocaine. He was indicted with one count of distribution of a controlled substance. He appealed arguing that the jury should have been instructed on the lesser offense of simple drug possession.
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