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UNITED STATES v. OCHOA

No. 77-5089 Summary Calendar.

564 F.2d 1155 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar Homero OCHOA and Ernest Garza Gonzalez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 16, 1978.

Attorney(s) appearing for the Case

Joe L. Hernandez, San Antonio, Tex., for Ochoa.

Anthony Nicholas (Court Appointed), Terrence McDonald, San Antonio, Tex., for defendants-appellants.

Jamie C. Boyd, U. S. Atty., LeRoy M. Jahn, W. Ray Jahn, Asst. U. S. Attys., James E. Bock, Trial Atty., San Antonio, Tex., for plaintiff-appellee.

Before AINSWORTH, MORGAN and GEE, Circuit Judges.

AINSWORTH, Circuit Judge:

Defendants Oscar Ochoa and Ernest Gonzalez were convicted by a jury of conspiracy to possess heroin with the intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Both defendants contend that the trial court erred in admitting the testimony of the prosecution witnesses regarding the statements of coconspirators, as there was no independent evidence of a conspiracy. In addition, defendants urge that the court's failure...

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