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UNITED STATES v. HERNANDEZ

No. 29367.

438 F.2d 676 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio Gascar HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Certiorari Denied May 17, 1971.

Attorney(s) appearing for the Case

W. W. Allen, Laredo, Tex., (Court-appointed) for defendant-appellant.

James R. Gough, Asst. U. S. Atty., Anthony J. P. Farris, U. S. Atty., Houston, Tex., for plaintiff-appellee; Ronald J. Blask, Atty., Dept. of Justice, Washington, D. C., of counsel.

Before COLEMAN, INGRAHAM, and WILKEY, Circuit Judges.

Certiorari Denied May 17, 1971. See 91 S.Ct. 1679.

COLEMAN, Circuit Judge:

Antonio Gascar Hernandez was tried to the District Court, sitting without a jury, and convicted in three counts of violating 21 U.S.C. § 174 and 26 U.S.C. § 4704.1 We affirm.

The facts which caused the appellant's arrest were essentially as follows:

In June, 1967, a United States Customs Agent from Eagle Pass, working in an undercover...

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