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UNITED STATES v. BENAVIDEZ

No. 76-3120.

558 F.2d 308 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Trino BENAVIDEZ, a/k/a Juan Benavidez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 4, 1977.

Attorney(s) appearing for the Case

Kenneth L. Yarbrough, Corpus Christi, Tex., for defendant-appellant.

Edward B. McDonough, Jr., U. S. Atty., Anna E. Stool, George A. Kelt, Jr., Robert A. Berg, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before GODBOLD and CLARK, Circuit Judges, and HOFFMAN, District Judge.

PER CURIAM:

The appellant, Benavidez, was convicted by a jury on all six counts of an indictment charging him with possession, with the intent to distribute, and the distribution or sale of heroin to a government undercover agent on June 12, 1974, June 26, 1974 and July 2, 1974, in violation of 21 U.S.C. § 841(a)(1). From concurrent sentences of twelve (12) years on each count, to be followed by a special parole term of four (4) years, Benavidez appeals. For...

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