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UNITED STATES v. CRUZ

No. 72-1301.

478 F.2d 408 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Nelson CRUZ et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 21, 1973.

Attorney(s) appearing for the Case

Denis Dean, Miami, Fla. (Court-Appointed), Daniel S. Pearson, Miami, Fla., for Julio Fuentes.

Melvyn Kessler, Miami, Fla., for Luis Lara.

Donald I. Bierman, Miami, Fla., for Felix Aleman and Pedro Manuel Noriega.

Robert W. Rust, U. S. Atty., Jerome B. Ullman, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before AINSWORTH, GODBOLD and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 21, 1973.

CLARK, Circuit Judge:

This case involves a large-scale car theft ring which conducted operations in New Jersey and Florida. Challenges are raised to (1) indictment solely on the basis of hearsay, (2) destruction of investigators' notes assertedly designed to thwart the Jencks Act, (3) alleged prejudice resulting from variance between the indictment and proof, misjoinder, and failure to sever, and (4) arrangements...

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