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UNITED STATES v. HORTON

No. 72-3574.

488 F.2d 374 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph HORTON and Willie F. Jordan, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 3, 1974.

Attorney(s) appearing for the Case

William C. Starke, Chicago, Ill., Albert Armendariz, El Paso, Tex., Gerald M. Werksman, Chicago, Ill., for defendants-appellants.

William S. Sessions, Edward S. Marquez, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before AINSWORTH, GODBOLD and INGRAHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 3, 1974.

INGRAHAM, Circuit Judge:

Defendants Horton and Jordan appeal from their convictions under 21 U.S.C. § 841(a)(1)1 for possessing with intent to distribute three pounds and two ounces of heroin, a Schedule I controlled substance. In a trial before the court, Horton and Jordan were found guilty and each sentenced to ten years imprisonment with a special parole of ten years...

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