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UNITED STATES v. SEPE

No. 72-1352.

474 F.2d 784 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Florencio SEPE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 5, 1973.

Rehearing Granted April 4, 1973.

Attorney(s) appearing for the Case

Melvyn Kessler, Dennis I. Holober, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Michael P. Sullivan, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, GOLDBERG and GODBOLD, Circuit Judges.

Rehearing En Banc Granted April 4, 1973.

COLEMAN, Circuit Judge:

The Grand Jury for the Southern District of Florida indicted Florencio Sepe for (1) conspiring to import sixty-six pounds of heroin, 21 U.S.C. § 952(a); 18 U.S.C. § 2; 21 U.S.C. § 963; (2) for importing sixty-six pounds of heroin; and (3) for possessing the said narcotics with intent to distribute, 21 U.S.C. § 841(a)(1).

On January 11, 1972, the case came to trial...

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