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UNITED STATES v. COLON

No. 76-3292.

559 F.2d 1380 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Raul Ortiz COLON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 3, 1977.

Attorney(s) appearing for the Case

Marion T. Carson, Charles J. Lieck, Jr., San Antonio, Tex., for defendant-appellant.

Jamie C. Boyd, U. S. Atty., LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

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

MARKEY, Chief Judge:

Following an investigation by agents of the Drug Enforcement Administration (D.E.A.), appellant Colon and Oscar Espinoza were arrested and charged with violation of the federal narcotics laws in a three-count indictment.

Count One charged the pair with conspiracy to distribute heroin, a Schedule I controlled substance, over the period October 8 to 16, 1975, in violation of 21 U.S.C. §§ 841(a)(1) and 846. In Counts Two and Three...

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