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UNITED STATES v. MERLA

No. 73-3660. Summary Calendar.

493 F.2d 910 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Estanislao MERLA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 6, 1974.

Attorney(s) appearing for the Case

Abel Toscano, Jr., Harlingen, Tex. (Court-appointed), for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Houston, Tex., Edward B. McDonough, Jr., B. Stephen Rice, James R. Gough, Mary L. Sinderson, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before BELL, SIMPSON and MORGAN, Circuit Judges.

PER CURIAM:

This appeal is from a conviction for knowingly and intentionally possessing with intent to distribute approximately 162 pounds of marihuana, a Schedule 1 controlled substance, in violation of Title 21, U.S.C., Section 841(a)(1). Prior to trial the defendant moved to suppress and return the evidence, and the court directed that the motion to suppress be carried at trial with the government's case for ruling when the government rested its case. Trial by...

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