UNITED STATES v. MARTINEZ

No. 73-1506.

487 F.2d 973 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio Sanchez MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 15, 1973.

Rehearing Denied December 18, 1973.


Attorney(s) appearing for the Case

Harris L. Hartz, Asst. U. S. Atty. (Victor R. Ortega, U. S. Atty., on the brief), for plaintiff-appellee.

Jack L. Love, Federal Public Defender, for defendant-appellant.

Before LEWIS, JONES and McWILLIAMS, Circuit Judges.


McWILLIAMS, Circuit Judge.

Melvin Sedillo, his wife, Bertha, and Antonio Sanchez Martinez, the present appellant, were jointly charged in a two count indictment with the unlawful possession and distribution of heroin. Specifically, in the first count the three were charged with the unlawful possession of heroin with an intent to distribute in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. In the second count, the three were jointly charged with the...

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