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UNITED STATES v. SAN MARTIN

No. 74-2601.

515 F.2d 317 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Louis SAN MARTIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 26, 1975.

Attorney(s) appearing for the Case

Abel H. Rigau, Donald G. Doddington, Tampa, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., D. Frank Winkles, Asst. U. S. Atty., Jacksonville, Fla., Claude Tison, Jr., Asst. U. S. Atty., Tampa, Fla., Ernst D. Mueller, Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before TUTTLE, COLEMAN and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

The controlling question raised by this appeal is the sufficiency of the evidence to support a conviction for obstruction of a federal criminal investigation in violation of Title 18, U.S.C., § 1510.1 We find the challenge to be meritorious and reverse.

Appellant Louis San Martin was indicted and tried with Fernando Vergara for attempting to rob a federally insured bank and for assaulting a bank employee...

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