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UNITED STATES v. RIVERA

No. 18071.

448 F.2d 757 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Antonio RIVERA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

June 8, 1971.

Attorney(s) appearing for the Case

Joseph E. McHugh, Chicago, Ill., for defendant-appellant.

William J. Bauer, U. S. Atty., Donald C. Shine, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee, John Peter Lulinski, Jeffrey Cole, Asst. U. S. Attys., of counsel.

Before SWYGERT, Chief Judge, and PELL and SPRECHER, Circuit Judges.

PER CURIAM.

This is an appeal from a perjury conviction under 18 U.S.C. § 1621. A brief outline of the essential facts follows.

At a trial commenced April 2, 1969, charging Rivera with selling heroin in violation of 26 U.S.C. § 4704(a), the Government produced evidence showing that Rivera sold marijuana to government agent Cruz at 5:00 p. m. on August 14, 1967, and sold heroin to the same agent at 11:00 p. m. on August 21, 1967. Rivera took the stand...

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