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UNITED STATES v. DE LEON

No. 72-1052 Summary Calendar.

462 F.2d 170 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar Pequeno DE LEON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 6, 1972.

Attorney(s) appearing for the Case

Alan Brown, San Antonio, Tex., Richard G. Morales, Jr., Laredo, Tex., for defendant-appellant.

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

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

WISDOM, Circuit Judge:

Oscar Pequeno de Leon was indicted on one count for possession of heroin in violation of 21 U.S.C. § 841(a)(1) and on two counts for illegal importation of heroin in violation of 21 U.S.C. §§ 952(a), 957(a)(1), and 960(a)(1). He was brought to trial on the possession count and on only one of the importation counts. A jury found de Leon guilty on the possession count, and he was sentenced to a term of fifteen years imprisonment...

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