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UNITED STATES v. O'LEARY

No. 75-3614 Summary Calendar.

529 F.2d 1202 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald O'LEARY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 8, 1976.

Attorney(s) appearing for the Case

Philip G. Butler, Jr., West Palm Beach, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Don R. Boswell, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

Gerald O'Leary appeals his conviction of conspiracy to import marijuana, cocaine, and hashish oil in violation of 21 U.S.C. § 952(a). O'Leary took the stand at his trial and emphatically denied participation in any conspiracy. He admitted that he met twice with an agent of the Drug Enforcement Administration who was posing as an out-of-state hoodlum. These meetings were two of the overt acts in furtherance of the conspiracy enumerated in the indictment...

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