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CHAVEZ v. UNITED STATES

Nos. 5775, 5776.

258 F.2d 816 (1958)

Blas CHAVEZ, Jr., Appellant, v. UNITED STATES of America, Appellee. Nonie TENORIO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

August 19, 1958.

Attorney(s) appearing for the Case

Kenneth A. Patterson, Albuquerque, N. M., for appellant Blas Chavez, Jr.

William C. Marchiondo of McAtee, Toulouse & Marchiondo, Albuquerque, N. M., for appellant Nonie Tenorio.

J. C. Ryan, Asst. U. S. Atty., Albuquerque, N. M. (James A. Borland, U. S. Atty., Albuquerque, N. M., was with him on the brief), for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Each of appellants has been found guilty by a jury upon a single count of a two count joint indictment charging violation of 21 U.S.C.A. § 174 by the unlawful receipt, concealment and aid in transportation of heroin. Chavez was convicted under count one alleging an offense involving 56 capsules of the drug; Tenorio under count two, involving 24 capsules. Before submission to the jury, the trial court dismissed count one as to Tenorio and...

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