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UNITED STATES v. LUNA

No. 76-2326. Summary Calendar.

539 F.2d 417 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Augustin Gomez LUNA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 22, 1976.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, Karen K. Friedman, Asst. Federal Public Defender, Houston, Tex., Juan E. Gavito, Asst. Federal Public Defender, Brownsville, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., James R. Gough, George A. Kelt, Jr., John Patrick Smith, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before DYER, CLARK and HILL, Circuit Judges.

PER CURIAM:

Augustin Gomez Luna was convicted by a jury of possession with intent to distribute approximately 304 pounds of marijuana, in violation of 21 U.S.C. § 841(a)(1), and he appeals.

In the course of his closing argument, the prosecuting attorney stated,

"Did we ever hear any statements that the defendant made as to this is not my stuff, I'm looking for my friends? You guys have the wrong man, when he was arrested? Think about it."

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