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UNITED STATES v. JASSO

No. 30813 Summary Calendar.

442 F.2d 1054 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo Guzman JASSO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 11, 1971.

Attorney(s) appearing for the Case

George Kazen, court appointed, Laredo, Tex., for appellant.

Anthony J. P. Farris, U. S. Atty., Edward B. McDonough, Jr., Anthony C. Aguilar, James R. Cough, Asst. U. S. Attys., Houston, Tex. for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

In 1969 Gerardo G. Jasso was indicted and convicted upon a jury trial on three counts involving smuggling of marijuana.1 After duly perfecting his appeal to this court, but before the appeal was prosecuted, a motion was filed by the government to vacate the judgment and remand the case to the district court for a new trial. The government's confession of error was necessitated, by the intervening decision in Leary v. United...

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