32:T555,{"@context":"https://schema.org","@type":"Legislation","name":"United States v. Hugo Garcia-Bonifascio, 443 F.2d 914","datePublished":"1971-06-07","legislationDate":"1971-06-07","citation":"United States v. Hugo Garcia-Bonifascio, 443 F.2d 914 (5th Cir. 1971)","countryOfOrigin":"USA","jurisdiction":"Court of Appeals for the Fifth Circuit","description":"Read the full text of United States v. Hugo Garcia-Bonifascio (United States v. Hugo Garcia-Bonifascio, 443 F.2d 914 (5th Cir. 1971)). This legal opinion, filed in 1971-06-07, from the Court of Appeals for the Fifth Circuit discusses important legal matters. Access this case and related legal documents on Midpage, an AI-powered legal research platform.","mainEntityOfPage":{"@type":"WebPage","@id":"https://app.midpage.ai/document/united-states-v-hugo-garcia--297132"},"author":{"@type":"Organization","name":"Midpage"},"publisher":{"@type":"Organization","name":"Midpage"},"url":"https://app.midpage.ai/document/united-states-v-hugo-garcia--297132","isPartOf":{"@type":"WebSite","name":"Midpage","url":"https://app.midpage.ai"},"inLanguage":"en","keywords":"legal, opinion, document, research, midpage, United States v. Hugo Garcia-Bonifascio, Court of Appeals for the Fifth Circuit, United States v. Hugo Garcia-Bonifascio, 443 F.2d 914 (5th Cir. 1971)","isAccessibleForFree":true,"isFamilyFriendly":true}34:T50c, PER CURIAM:

Garcia-Bonifascio was convicted for aiding and abetting in the distribution of a narcotic in a non-stamped package in violation of 26 U.S.C.A. § 4704(a), 18 U.S.C.A. § 2, and aiding and abetting in the sale of the same narcotic in violation of 26 U.S.C.A. § 4705(a), 18 U.S.C.A. § 2.

During the Government’s closing argument several objections made by Bonifascio’s counsel were overruled by the trial court. The official court reporter has lost his notes and cannot prepare a record of the argument and the objections interposed. Counsel appointed by this Court to represent Bonifascio on appeal, who was not counsel at the trial, is unable to determine, or argue, whether the District Court erred in its rulings on Bonifascio’s objections.

Under these circumstances we have no choice but to reverse the conviction. Hardy v. United States, 1963, 375 U.S. 277, 84 S.Ct. 424, 11 L.Ed.2d 331; United States v. Rosa, 5 Cir.1970, 434 F.2d 964; United States v. Atilus, 5 Cir.1970, 425 F.2d 816.

Reversed and remanded.