UNITED STATES v. SERRANO

No. 74-1135.

496 F.2d 81 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph SERRANO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 27, 1974.


Attorney(s) appearing for the Case

Paul P. Rao, Jr., New York City, for defendant-appellant.

Robert W. Rust, U.S. Atty., Miami, Fla., Mark S. Geraghty, Trial Atty., U. S. Dept. of Justice, Crim. Div., Narcotic & Dangerous Drug Section, Washington, D.C., for plaintiff-appellee.

Before GOLDBERG, GODBOLD and MORGAN, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

Serrano was convicted at a jury trial of conspiring to import heroin, in violation of 21 U.S.C. § 963. Serrano alleges in his appeal that four errors occurred at his trial: (1) that the circumstantial evidence of the conspiracy charged was insufficient for a conviction; (2) that the proof at trial materially varied from the charges in the indictment; (3) that the prosecutor made improper statements in his summation to the jury...

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