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UNITED STATES v. BARRERA

No. 76-1451.

547 F.2d 1250 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Leonardo Cerda BARRERA, a/k/a Porky and Faustino Copado Leyva, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 3, 1977.

Attorney(s) appearing for the Case

Alan Brown, San Antonio, Tex., for defendants-appellants.

John E. Clark, U. S. Atty., W. Ray Jahn, Le Roy Morgan Jahn, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before COLEMAN, AINSWORTH and INGRAHAM, Circuit Judges.

AINSWORTH, Circuit Judge:

Appellants Leonardo "Porky" Barrera and Faustino Leyva, along with codefendants Juan Gamez, Francisco Bueno, and Victor Lesa, were indicted for conspiring to possess and possession with intent to distribute, approximately 875 grams of heroin, in violation of 21 U.S.C. §§ 846 and 841(a)(1), respectively.1 A jury returned a verdict of guilty against Barrera and Leyva on both counts and they were sentenced...

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