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UNITED STATES v. PADILLA

No. 77-1901.

589 F.2d 481 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry PADILLA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 18, 1978.

Attorney(s) appearing for the Case

David N. Williams, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on brief), for plaintiff-appellee.

Robert T. Knott, Knott & Associates, Albuquerque, N. M., for defendant-appellant.

Before DOYLE and LOGAN, Circuit Judges, and STANLEY, Senior District Judge.

STANLEY, Senior District Judge.

This is an appeal from Appellant's conviction in the United States District Court for the District of New Mexico of six counts of violation of the Controlled Substances Act, 21 U.S.C. § 841(a)(1). Trial was to the court. Appellant assigns as errors: (1) that his conviction violated his rights under the Double Jeopardy Clause of the 5th Amendment in that he had previously plead guilty in...

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