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UNITED STATES v. RIVERO

No. 76-3901.

554 F.2d 213 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Eligio Fermin RIVERO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing August 30, 1977.

Attorney(s) appearing for the Case

Richard M. Gale, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Samuel Sheres, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and GOLDBERG and RONEY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In United States v. Rivero, 5 Cir., 1976, 532 F.2d 450,1 (Rivero I), we conditionally affirmed Rivero's conviction for attempting to distribute approximately eleven kilograms of cocaine in violation of 21 U.S.C.A. § 846 (count I) and for violation of 18 U.S.C.A. § 924(a), unlawful carrying of a firearm during the commission...

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