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UNITED STATES v. RIVERA

No. 73-2480.

490 F.2d 447 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Albert RIVERA, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 6, 1974.

Attorney(s) appearing for the Case

Oscar J. Pena, Laredo, Tex. (Court-appointed), for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Robert Darden, Asst. U.S. Atty., Houston, Tex., Daniel V. Alfaro, Asst. U. S. Atty., Laredo, Tex., for plaintiff-appellee.

Before BELL, THORNBERRY and DYER, Circuit Judges.

BELL, Circuit Judge:

Appellant Rivera and James Ray Prince were charged in a two-count indictment with possessing 105 pounds of marijuana with intent to distribute the same in violation of 21 U.S.C.A. § 841(a)(1), and with importing the marijuana into the United States from Mexico in violation of 21 U.S.C.A. §§ 952(a) and 960(a)(1). The court granted Prince's motion to sever and he testified for the government. Appellant was convicted on both counts...

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