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UNITED STATES v. PENTADO

No. 71-1612.

463 F.2d 355 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco PENTADO et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 18, 1972.

Attorney(s) appearing for the Case

Milton E. Grusmark, Miami Beach, Fla., for Alonso and Pentado.

Sam W. Kleinfeld, Richard M. Gale, Miami, Fla., for Rosquette and Noa.

Gino P. Negretti, Miami, Fla., for Ochoa, Patino and Lieros.

Robert W. Rust, U. S. Atty., Harold F. Keefe, Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 18, 1972.

LEWIS R. MORGAN, Circuit Judge:

Appellants Rafael Patino, Benito Alonso, Manuel Noa, Eduardo Ochoa, Francisco S. Pentado, Rene A. Rosquette, and Claudine Lieros appeal from their joint trial and jury conviction for trafficking in heroin contrary to 21 U.S.C. § 174 and 26 U.S.C. §§ 4704(a) and 4705(a). All seven appellants contend that the jury was improperly constituted;

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