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UNITED STATES v. SILVA

No. 77-5639.

580 F.2d 144 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique Cano SILVA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 13, 1978.

Attorney(s) appearing for the Case

Ray Guy (Court-Appointed), Dallas, Tex., for defendant-appellant.

Enrique Cano Silva, pro se.

J. A. Canales, U. S. Atty., John Potter, George A. Kelt, Jr., Asst. U. S. Attys., Houston Tex., John Patrick Smith, Asst. U. S. Atty., Brownsville, Tex., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

The appellant was convicted on one count of distributing approximately 2.1 grams of heroin, and a second count of distributing approximately 53.8 grams of cocaine, both in violation of 21 U.S.C. § 841(a)(1) (1971).1 These arose from the following facts. Around 7:00 p. m. on October 13, 1976, a confidential informant drove undercover Drug Enforcement Administration Agent Tamayo, in the informant's car...

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