UNITED STATES v. AMAYA

No. 74-2311.

509 F.2d 8 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Flores AMAYA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 27, 1975.


Attorney(s) appearing for the Case

Peter Torres, Jr., Warren Weir, San Antonio, Tex., for defendant-appellant.

William S. Sessions, U. S. Atty., Eb Luckel, John M. Pinckney, II, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and GODBOLD, Circuit Judges.


GOLDBERG, Circuit Judge:

Defendant Flores Amaya was indicted and tried for conspiring to distribute a quantity of heroin in violation of 21 U.S.C. § 841(a)(1). The trial lasted two days. The jury deliberated for about a half hour at the close of the second day and was then recessed by the judge. At about 9:00 a. m. on the third day the jury reconvened. At about 1:25 p. m. on that day the jury passed a note to the judge which, while unavailable to us, evidently...

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