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UNITED STATES v. GONZALEZ

No. 78-5176. Summary Calendar.

582 F.2d 991 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 20, 1978.

Attorney(s) appearing for the Case

Douglas Tinker (Court-appointed), A. Deniz Tor, Corpus Christi, Tex., for defendant-appellant.

J. A. Canales, U.S. Atty., James R. Gough, George A. Kelt, Jr., Asst. U.S. Attys., Houston, Tex., Robert A. Berg, Asst. U.S. Atty., Corpus Christi, Tex., for plaintiff-appellee.

Before RONEY, GEE and FAY, Circuit Judges.

PER CURIAM:

Defendant was convicted for possessing heroin with the intent to distribute it, and the actual distribution of it to an undercover DEA agent on two separate occasions. 21 U.S.C.A. § 841(a)(1). Defendant's defense was entrapment. On the day before trial defendant filed a motion for a continuance based on the unavailability of a witness, the DEA informant who had introduced defendant to the DEA agent and had been present during the drug transactions...

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