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UNITED STATES v. SPEARS

No. 71-1259 Summary Calendar.

443 F.2d 895 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Congress SPEARS, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 15, 1971.

Attorney(s) appearing for the Case

Oscar J. Pena, Laredo, Tex. (Ct. Apptd.), for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Anthony C. Aguilar, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

Appellant Spears, a follower of the Black Muslim faith, was arrested on his arrival at the Laredo International Bridge from the Republic of Mexico where he had in his possession small quantities of marihuana, heroin and peyote. Having waived a jury trial, he was convicted on five of seven counts for the smuggling, concealing and transporting of heroin, for the smuggling and transporting of marihuana, and for the smuggling of the peyote. Appellant received...

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