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UNITED STATES v. SAENZ

No. 74-3451 Summary Calendar.

511 F.2d 766 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Octavio SAENZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 9, 1975.

Attorney(s) appearing for the Case

James R. Gillespie, San Antonio, Tex., for defendant-appellant.

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

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

Rehearing and Rehearing En Banc Denied June 9, 1975.

PER CURIAM:

Appellant Octavio Saenz appeals his conviction for making false material declarations before the grand jury in violation of 18 U.S.C. § 1623. He alleges there was insufficient evidence, that the declarations were not material to the issue before the grand jury, and that the court did not comply with Rule 32(a)(1) F.R.Cr.P., in sentencing him. We have reviewed the record and find these allegations...

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