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UNITED STATES v. LUCIA

Nos. 26316, 26317.

416 F.2d 920 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph P. LUCIA, Defendant-Appellant. (two cases).

United States Court of Appeals Fifth Circuit.

September 17, 1969.

Attorney(s) appearing for the Case

Charles Alan Wright, Austin, Tex., Marvin K. Collie, Harry M. Reasoner, Houston, Tex., for defendant-appellant.

Morton L. Susman, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before WISDOM and GODBOLD, Circuit Judges, and HUGHES, District Judge.

WISDOM, Circuit Judge:

This appeal turns upon whether the Supreme Court's decisions in Marchetti v. United States, 1968, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889, and Grosso v. United States, 1968, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 906, should be applied retroactively. We hold that they should be applied retroactively and reverse the judgment of the district court.

Joseph P. Lucia was indicted...

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