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LUCERO v. UNITED STATES

Nos. 7039, 7040.

311 F.2d 457 (1962)

Andrew LUCERO, Appellant, v. UNITED STATES of America, Appellee. Frank E. MAESTAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 21, 1962.

Certiorari Denied March 4, 1963.

Attorney(s) appearing for the Case

Walter L. Gerash, Denver, Colo., for appellants.

Michael C. Villano, Asst. U. S. Atty. (Lawrence M. Henry, U. S. Atty., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

Rehearing Denied in No. 7040, December 21, 1962.

Certiorari Denied March 4, 1963. See 83 S.Ct. 883.

BREITENSTEIN, Circuit Judge.

Appellants Lucero and Maestas were charged and tried jointly under a 3-count information for violations of 21 U.S.C. § 174, the counts differing only in the dates and the quantities of heroin. The trial court sustained Maestas' motion for judgment of acquittal on Count 3. The jury found Lucero guilty on all counts and...

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