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UNITED STATES v. MARTINEZ

No. 76-3431.

555 F.2d 1269 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Michael T. MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 24, 1977.

Attorney(s) appearing for the Case

Daniel R. Rutherford, San Antonio, Tex. (Court-appointed), for defendant-appellant.

John E. Clark, U. S. Atty., LeRoy M. Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GODBOLD, TJOFLAT and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

On June 10, 1975, Jose Rene Flores was indicted for the unlawful distribution of cocaine in violation of 21 U.S.C.A. § 841(a)(1).1 In the second count of this same indictment defendant, Michael T. Martinez, was charged with aiding and abetting Flores in violation of 18 U.S.C.A. § 2.2 After a bench trial defendant was found guilty and sentenced to ten years

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