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UNITED STATES v. ARZATE

No. 76-1511 Summary Calendar.

545 F.2d 481 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Jesse ARZATE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 14, 1977.

Attorney(s) appearing for the Case

Jesse Arzate, pro se.

Michael P. Carnes, U. S. Atty., Fort Worth, Tex., James Rolfe, Judith A. Shepherd, Asst. U. S. Attys., Dallas, Tex., for plaintiff-appellee.

Before GODBOLD, HILL and FAY, Circuit Judges.

PER CURIAM:

Jesse Arzate was convicted of conspiracy to distribute heroin. We affirmed his conviction and sentence without opinion. U. S. v. Arzate, 5 Cir. 1974, 505 F.2d 733. Thereafter, Arzate filed a motion for new trial in the district court alleging perjured testimony by a government witness at his trial. After a hearing, the district court granted the motion for a new trial. On February 9, 1976, the scheduled date of the new trial, the government moved...

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