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UNITED STATES v. ALDERETE

No. 26577.

414 F.2d 282 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Isidro S. ALDERETE, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

August 26, 1969.

Attorney(s) appearing for the Case

Joseph L. Tita, Houston, Tex., Court appointed, for appellant.

Morton L. Susman, U. S. Atty., Ronald J. Blask, James R. Gough, Donald L. Stone, Asst. U. S. Attys., Houston, Tex., for appellee.

Before BELL and THORNBERRY, Circuit Judges, and CHOATE, District Judge.

PER CURIAM:

Appellant was convicted on three counts involving violations of 21 U.S.C. § 176a, importing marihuana, and 26 U.S.C. § 4744(a) (2), transporting and concealing marihuana by a transferee not having paid the transfer tax. Subsequent to oral argument in this case, the Supreme Court handed down its decisions in Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, and in United States v. Covington,

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