United States v. Villareal

2012 WL 401051 (2012)

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United States v. Villareal

United States District Court for the Southern District of Texas
2012 WL 401051 (2012)

RW

Facts

The United States government (plaintiff) prosecuted Villareal (defendant) for possession with intent to distribute cocaine. The pertinent statute increased the penalties for defendants convicted of possessing drug mixtures or substances containing detectable amounts of cocaine and weighing five kilograms or more. At trial, Villareal admitted possessing packages weighing a total of 8.4 kilograms and containing detectable amounts of cocaine, but contended that the ratio of diluting substances to pure cocaine in each package was so high as to make the package unmarketable. A federal laboratory expert testified that packages weighing 5.9 kilograms contained low-purity cocaine, and packages weighing 2.5 kilograms were so diluted that their color and texture were inconsistent with marketable cocaine. The jury convicted Villareal, and he appealed to the United States District Court for the Southern District of Texas.

Rule of Law

Issue

Holding and Reasoning (Rainey, J.)

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