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UNITED STATES v. GAINES

No. 73-3306. Summary Calendar.

489 F.2d 690 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Richard GAINES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 15, 1974.

Attorney(s) appearing for the Case

Denis Dean, Miami, Fla. (court-appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, DYER and RONEY, Circuit Judges.

PER CURIAM:

In a jury trial Gaines was found guilty of conspiracy to import marihuana in violation of 21 U.S.C.A. §§ 952(a) and 963. We find without merit his contentions that the district court erroneously failed to give cautionary instructions with respect to hearsay testimony and that there was insufficient evidence to take the case to the jury. Gaines further urges that it was error for the trial court to refuse to instruct

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