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UNITED STATES v. ALEJANDRO

No. 75-1585.

527 F.2d 423 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar Ramon ALEJANDRO and Manuel Cervantes Rocha, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing and Rehearing April 7, 1976.

Attorney(s) appearing for the Case

Joe L. Hernandez, San Antonio, Tex. (Court appointed), for Rocha; Anthony Nicholas, San Antonio, Tex. (Court appointed), for Alejandro; Terrence W. McDonald, San Antonio, Tex., for defendants-appellants.

John E. Clark, U. S. Atty., Jeremiah Handy, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, RIVES and GEE, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc April 7, 1976.

RIVES, Circuit Judge:

Count 1 of the indictment charged one Fred Salazar Mauricio along with Alejandro and Rocha with conspiracy to possess and distribute heroin in violation of 21 U.S.C. § 846. Count 2 charged Rocha with unlawfully distributing 68.25 grams of heroin in violation of 21 U.S.C. § 841(a)(1). Count 3 charged Mauricio with the substantive...

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