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UNITED STATES v. HERRERA

No. 75-1873.

531 F.2d 788 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael HERRERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 17, 1976.

Attorney(s) appearing for the Case

John P. Volz, Federal Public Defender, Richard T. Simmons, Jr., Asst. Federal Public Defender, New Orleans, La. (Court appointed not under Act), Louis Moore, Jr., Asst. Federal Public Defender, New Orleans, La., for defendant-appellant.

Gerald J. Gallinghouse, U.S. Atty., Mary Williams Cazalas, Asst. U.S. Atty., New Orleans, La., for plaintiff-appellee.

Before GODBOLD, DYER and MORGAN, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

Appellant Herrera is an alien, a citizen of Honduras. He was convicted of importing and possessing cocaine with intent to distribute. By an unpublished opinion we affirmed the conviction, saying:

The main emphasis on appeal is directed at oral argument by the prosecuting attorney which the government concedes was improper. The record does not disclose any objection...

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