UNITED STATES v. CABRERA

No. 71-1380 Summary Calendar.

447 F.2d 956 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Augustin Hernandez CABRERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 27, 1971.


Attorney(s) appearing for the Case

Carlos B. Fernandez, Miami, Fla, for defendant-appellant.

Robert W. Rust, U. S. Atty., Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


PER CURIAM:

Appeal from a non-jury conviction of conspiracy to import cocaine in violation of 21 U.S.C. § 174 and the substantive offense of unlawful importation of cocaine in violation of the same section and of 18 U.S.C. § 2. There is no merit to appellant's contention that he could not validly be found guilty of conspiracy because the co-conspirators named as codefendants in the indictment were acquitted. He also was charged to have conspired with another...

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