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UNITED STATES v. PRIETO

No. 74-1303.

505 F.2d 8 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro Luis PRIETO and Jorge Diaz, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 16, 1974.

Attorney(s) appearing for the Case

Max P. Engel, Miami, Fla., for Lugo.

Joseph C. Brannen, David B. Javits, Miami, Fla., for Prieto.

Miguel A. Suarez, Miami, Fla., for Diaz.

Robert W. Rust, U. S. Atty., David F. McIntosh, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and AINSWORTH and DYER, Circuit Judges.

DYER, Circuit Judge:

Prieto and Diaz appeal from their jury convictions for conspiracy to distribute, distribution, and possession of cocaine with intent to distribute, in violation of 21 U.S.C.A. § 841(a) (1).1 Both appellants assert that they were convicted on insufficient evidence. Prieto also assigns as error the trial court's denial of a motion to strike the testimony of a government witness which was in some respects inconsistent...

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