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PADILLA v. UNITED STATES

No. 17744.

278 F.2d 188 (1960)

Julio Lastra PADILLA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 23, 1960.

Attorney(s) appearing for the Case

Robert B. Thompson, Gainesville, Ga., for appellant.

Robert W. Rust, Asst. U. S. Atty., Miami, Fla., for appellee.

Before RIVES, Chief Judge, and HUTCHESON and BROWN, Circuit Judges.

HUTCHESON, Circuit Judge.

Charged by indictment on January 8, 1959, in a single count, with conspiring with Mario Ayala Alejandro and divers other persons to the Grand Jury unknown to fraudulently and knowingly import and bring into the United States a quantity of narcotic drugs, to wit, cocaine, contrary to Section 173, and in violation of Section 174, of Title 21, U. S.C.A., the defendant-appellant, on March 13, 1959, filed a motion to dismiss the indictment on...

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