No. 74-3903.

514 F.2d 1288 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Matthew McGRUDER, a/k/a Red McGruder, Artis Prestidge, and Matto Trevino, a/k/a Matt Trevino, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 29, August 13, 22, 1975.

Attorney(s) appearing for the Case

Roger Jeff Walker, Arlington, Tex. (court appointed) for Matthew McGruder.

John M. Anderson, Fort Worth, Tex., Charles L. Foster, Jr., Everman, Tex. (court appointed) for Matto Trevino.

Frank D. McCown, U. S. Atty., Alex H. McGlinchey, John W. Sweeney, Jr., Asst. U. S. Attys., Fort Worth, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and GEWIN and THORNBERRY, Circuit Judges.


Six defendants were convicted of conspiracy to distribute heroin1 and/or attendant substantive offenses in furtherance thereof. Four were convicted by a jury; the two others entered guilty pleas. This appeal is brought by McGruder, Prestidge, and Matto ("Matt") Trevino, all of whom were convicted by the jury. McGruder was also found guilty of distributing approximately one ounce of heroin2 to a...

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