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UNITED STATES v. PEREZ

Nos. 73-1436 and 73-1437.

493 F.2d 1339 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Jose PEREZ and Vivian Perez, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided March 18, 1974.

Attorney(s) appearing for the Case

Charles O. Thomas, Kansas City, Kan., for defendants-appellants.

Monti L. Belot, III, Asst. U. S. Atty., Topeka, Kan. (Robert J. Roth, U. S. Atty., Richard L. Meyer and Thomas A. Hamill, Asst. U. S. Attys., Topeka, Kan., on the brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, and HOLLOWAY and McWILLIAMS, Circuit Judges.

HOLLOWAY, Circuit Judge.

Jose and Vivian Perez appeal their convictions for distributing or dispensing heroin and for possession of heroin, a controlled Schedule I substance. 21 U.S.C.A. §§ 841(a)(1) and 844. Vivian was convicted on count 1 for distributing or dispensing a quantity of heroin; Jose was convicted on count 2 for distributing or dispensing a separate quantity of heroin; and they were jointly convicted of possession of other heroin on count 3...

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