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UNITED STATES v. BAKER

No. 74-4129.

523 F.2d 741 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Jack Gwynn BAKER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 17, 1975.

Attorney(s) appearing for the Case

Lawrence R. Taylor, Jr., Dallas, Tex. (Court-appointed), Roy L. Merrill, Jr., Dallas, Tex., for defendant-appellant.

Frank D. McCown, U. S. Atty., William F. Sanderson, Asst. U. S. Atty., Ft. Worth, Tex., Stafford Hutchinson, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

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

TUTTLE, Circuit Judge:

Baker was first tried on an indictment charging him with having been part of a conspiracy to possess with intent to distribute cocaine, a violation of 21 U.S.C. § 846. The jury was unable to agree, and the trial ended in a mistrial. Thereafter, his privately engaged counsel requested to be relieved from further duty and the Court appointed counsel to represent Baker on the second trial. Prior to the second trial, counsel moved the Court...

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