PALOS v. UNITED STATES

No. 26593.

416 F.2d 438 (1969)

Gilbert Montemayor PALOS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 19, 1969.


Attorney(s) appearing for the Case

Joe P. Smyer, San Antonio (court-appointed) for appellant.

Ernest Morgan, U. S. Atty., Reese H. Harrison, Ralph H. Harris, III, Asst. U. S. Attys., San Antonio, Tex., for appellee.

Before THORNBERRY and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.


SIMPSON, Circuit Judge:

Gilbert Montemayor Palos allegedly made two sales of narcotics to a government informant: one on December 13, 1966, and the second on February 10, 1967. He was indicted and convicted on six separate counts for violation of Title 21, U.S.C., Sec. 174 and Title 26, U.S.C., Sections 4704(a) and 4705(a), and received concurrent six year confinement sentences. The relevant facts are set out below.

On December 13, 1966, a government informant...

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