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UNITED STATES v. ACOSTA

No. 73-4016.

501 F.2d 1330 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Alfonso ACOSTA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted December 18, 1974.

Attorney(s) appearing for the Case

John L. Fashing, El Paso, Tex., for defendant-appellant.

William S. Sessions, U. S. Atty., San Antonio, Tex., Edward Marquez, Ronald F. Ederer, Asst. U. S. Attys., El Paso, Tex., for plaintiff-appellee.

Before TUTTLE, WISDOM and GEE, Circuit Judges.

Rehearing En Banc Granted December 18, 1974.

TUTTLE, Circuit Judge:

Alfonso Acosta was found guilty in a non-jury trial of possessing, with intent to distribute, heroin, a schedule I controlled substance, in violation of 21 U.S. C. § 841(a)(1). Agents of the Drug Enforcement Administration obtained a search warrant for 7143 Alameda, El Paso, Texas, trailer space #11 on August 30, 1973 and there seized numerous packets of heroin weighing approximately...

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