UNITED STATES v. FUENTES-LOZANO

No. 78-5202.

580 F.2d 724 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Rodosvaldo FUENTES-LOZANO, Roman Elias Perez, Antonio Rotella-Galindo, Raul Rodriguez-Pena, Issac Padron-Figueroa, and Daniel Rodriguez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 7, 1978.


Attorney(s) appearing for the Case

Henry Gonzalez, Miami, Fla., Frank K. Martin, Columbus, Ga., for defendants-appellants.

Wm. T. Moore, Jr., U. S. Atty., Augusta, Ga., Katherine L. Henry, Asst. U. S. Atty., Savannah, Ga., for plaintiff-appellee.

Before GOLDBERG, AINSWORTH and RUBIN, Circuit Judges.


PER CURIAM:

After being convicted of conspiracy to distribute and import marihuana in violation of 21 U.S.C. §§ 846 and 963, and while their appeal was pending, the defendant-appellants sought a "temporary remand" to allow the trial court to entertain a motion for a new trial. Considered as a motion to remand (without qualification), the motion is appropriate, and it is granted. However, it raises procedural issues that require discussion.

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