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UNITED STATES v. MARTINEZ

No. 72-3133.

486 F.2d 15 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Justo Fernan MARTINEZ et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 12, 1973.

Attorney(s) appearing for the Case

Jack V. Eskenazi, Federal Public Defender, court-appointed, T. Sakowitz, Asst. Federal Public Defender, Miami, Fla., for Martinez and Huila.

Max P. Engel, David B. Javits, Miami, Fla., for Soris.

Robert W. Rust, U. S. Atty., J. Daniel Ennis, Bruce E. Wagner, Asst. U. S. Attys., Miami, Fla. for plaintiff-appellee.

Before BELL, GOLDBERG and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

We review on this appeal the judgments of conviction and sentence following jury verdicts of guilty of Justo Fernan Martinez, Oswaldo Huila, and Lorenzo Padilla-Soris. The charges arose from the importation into the United States of approximately 28 pounds of marijuana. We vacate or reverse the convictions of all three appellants, and remand for further proceedings in the district court.

The Facts

On August 16, 1972...

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