UNITED STATES v. PENA

No. 75-1608.

527 F.2d 1356 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Albert John PENA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 3, 1976.


Attorney(s) appearing for the Case

Philip S. Greene, Houston, Tex., Gerald M. Birnberg, Bellaire, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before WISDOM, CLARK and RONEY, Circuit Judges.


CLARK, Circuit Judge:

Albert John Pena was convicted by a jury on a three-count indictment charging distribution of heroin, possession with intent to distribute heroin and conspiracy to distribute heroin. 21 U.S.C. §§ 841(a)(1), 846. He received an 8-year sentence on Count I (distribution). Imposition of sentence on Counts II and III (possession and conspiracy) was suspended. In this direct appeal, Pena raises four issues for review, claiming that: (1) testimony...

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