UNITED STATES v. LEYVA

No. 74-3565.

513 F.2d 774 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Ernest LEYVA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 2, 1975.


Attorney(s) appearing for the Case

James H. Pearl, San Antonio, Tex. (Court appointed), for defendant-appellant.

William S. Sessions, U. S. Atty., Eb F. Luckel, Jeremiah Handy, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before GIBSON, THORNBERRY and AINSWORTH, Circuit Judges.


GIBSON, Circuit Judge.

Frank Ernest Leyva appeals from a judgment of conviction for criminal contempt and the resulting 35-year sentence of imprisonment to run consecutive to his 12-year state sentence for narcotics violations. Leyva was tried and convicted in October, 1973, in Texas state court of selling heroin to a federal narcotics agent and sentenced to 12 years imprisonment. On January 8, 1974, he pleaded guilty in Texas court to another sale of heroin and was...

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