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UNITED STATES v. CISNEROS

No. 73-1987.

491 F.2d 1068 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel Rivas CISNEROS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 1, 1974.

Attorney(s) appearing for the Case

Alan Brown, Frederick J. Deyeso, Jr., San Antonio, Tex., for defendant-appellant.

William S. Sessions, U. S. Atty., Joel D. Conant, John M. Pinckney, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and GEWIN and GOLDBERG, Circuit Judges.

GOLDBERG, Circuit Judge:

Manuel Rivas Cisneros appeals from his conviction on one count of distributing approximately 4.48 grams of heroin in violation of 21 U.S.C. § 841(a) (1) (1970).1 He argues that the trial court exceeded the scope of permissible comment on the evidence with certain remarks to the jury about the demeanor of the chief defense witness. He also argues that the court improperly...

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