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UNITED STATES v. MORALES

Nos. 72-2635, 72-2777.

477 F.2d 1309 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Leal MORALES, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Rudolfo Rodriguez GONZALES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 18, 1973.

Attorney(s) appearing for the Case

John M. Killian, San Antonio, Tex. (Court-Appointed), J. Douglas McGuire, San Antonio, Tex. (Court-Appointed), for defendant-appellants.

William S. Sessions, U. S. Atty., James F. Bock, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before RIVES, GOLDBERG and MORGAN, Circuit Judges.

RIVES, Circuit Judge :

Joe Morales and Rudolfo Gonzales, along with Andres Vargas, were tried jointly and each was found guilty of conspiring to defraud an agency of the United States Government, the Bureau of Narcotics and Dangerous Drugs (hereafter BNDD),1 by intentionally selling to a BNDD agent a nonnarcotic substance (wheat) which they represented to be heroin.

The fourth defendant, Juan Luis Davila, who planned the sale,...

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