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UNITED STATES v. SILVERS

No. 27039 Summary Calendar.

425 F.2d 707 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Edmund SILVERS and Marcus A. Tudela, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 12, 1970.

Attorney(s) appearing for the Case

G. Milton Rubin, North Miami Beach, Fla. (Court-appointed), for Daniel Edmund Silvers.

George Schwartz, Miami Beach, Fla. (Court-appointed), for Marcus A. Tudela.

Robert W. Rust, U. S. Atty., Neal R. Sonnett, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, THORNBERRY and CLARK, Circuit Judges.

PER CURIAM:

Marcus A. Tudela and Daniel Edmund Silvers were jointly convicted of conspiracy to import marijuana into the United States contrary to law.1 Silvers, individually, was convicted of violating the same statute. Tudela, individually, was convicted of transporting or concealing untaxpaid marijuana in violation of federal law.2 Under the decision in Leary v. United States, 395 U.S. 6<...

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