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UNITED STATES v. De LEON

No. 72-2536.

474 F.2d 790 (1973)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 23, 1973.

Attorney(s) appearing for the Case

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

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

Before ALDRICH, SIMPSON and CLARK, Circuit Judges.

PER CURIAM:

De Leon was convicted of possession of heroin with intent to distribute, in violation of Title 21, U.S.Code, Section 841(a)(1). We affirmed, United States of America v. De Leon, 5 Cir. 1972, 462 F.2d 170.

During that trial De Leon took the witness stand in his own behalf. He testified that with a friend from San Antonio, where he also resided, he had made a trip in the friend's vehicle to Laredo, Texas, and the...

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