UNITED STATES v. OQUENDO

No. 73-1941.

490 F.2d 161 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Angel Luis OQUENDO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 25, 1974.


Attorney(s) appearing for the Case

Frank Herrera, Jr., San Antonio, Tex. (court-appointed), for defendant-appellant.

William S. Sessions, U. S. Atty., John Pinckney, III, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and RONEY and GEE, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Appellant was convicted on three separate counts of distribution of heroin in violation of 21 U.S.C.A. § 841(a). Since we find that a Blue-type charge was given to the jury, we must reverse.

At trial, Agent Losoya, a San Antonio Police Officer (Agent) working as an undercover agent for the federal Drug Abuse Law Enforcement Agency testified that on August 29, 1972 he drove to the China Royal Cafe in San Antonio, Texas...

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