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UNITED STATES v. McGARRITY

No. 76-3744 Summary Calendar.

559 F.2d 1386 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Hamlin McGARRITY, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 7, 1977.

Attorney(s) appearing for the Case

Thomas H. McGarrity, Jr., pro se.

Ovid C. Lewis, Covington, Ky., for defendant-appellant.

Jamie C. Boyd, U. S. Atty., San Antonio, Tex., Frank B. Walker, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before THORNBERRY, CLARK and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 7, 1977.

JAMES C. HILL, Circuit Judge:

Thomas Hamlin McGarrity, Jr., appellant, was charged in a three-count indictment of (1) conspiracy to possess heroin with intent to distribute the same in violation of 21 U.S.C.A. § 846;1 (2) importing heroin into the United States from Mexico in violation of 21 U.S.C.A. § 952(a)(1) and 960(a)(1)2 and (3...

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