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UNITED STATES v. MILES

No. 30192 Summary Calendar.

445 F.2d 974 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James Edward MILES et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 29, 1971.

Attorney(s) appearing for the Case

Fred A. Semaan, Oscar C. Gonzalez, San Antonio, Tex., for defendant-appellant Arthur Harry Eckert.

James R. Gillespie, San Antonio, Tex., for defendant-appellant James Edward Miles.

T. P. Henley, San Antonio, Tex., for defendant-appellant Joe Felix Zamorra.

Harry A. Nass, Jr., San Antonio, Tex., for defendants-appellants.

Seagal V. Wheatley, U. S. Atty., Reese L. Harrison, Jr., Asst. U. S. Atty., Chief, Crim. Div., Western Dist. of Texas, San Antonio, Tex., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge:

Arthur Harry Eckert, James Edward Miles, and Joe Felix Zamorra were charged in a two-count indictment with violating the federal statutes relating to barbiturates and amphetamines.1 The three defendants pleaded not guilty, waived trial by jury, and went to trial before the district court. The court found Miles and Eckert not guilty on Count I, but guilty on Count II. The court found Zamorra guilty on both counts...

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