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UNITED STATES v. FERNANDEZ

No. 76-3434.

556 F.2d 1246 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel Louis FERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 4, 1977.

Attorney(s) appearing for the Case

Alvin E. Entin, North Miami Beach, Fla., Manuel W. James, Key West, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Stephen M. Pave, James E. McDonald, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before CLARK and GEE, Circuit Judges, and MARKEY, Chief Judge.

Rehearing and Rehearing En Banc Denied October 4, 1977.

GEE, Circuit Judge:

This case presents an appeal of a denial of a motion to suppress and motion to divulge the identity of a confidential informant. The more important aspect of the case is that these issues are non-jurisdictional and were pursued after the defendant entered a plea of nolo contendere. In United States v. Sepe, 486 F.2d 1044 (5th Cir. 1973...

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