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GOVERNMENT OF CANAL ZONE v. O'CALAGAN

No. 78-5169 Summary Calendar.

580 F.2d 161 (1978)

GOVERNMENT OF the CANAL ZONE, Plaintiff-Appellee, v. Sixto O'CALAGAN C. (Cerezo), Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 14, 1978.

Attorney(s) appearing for the Case

James G. Derbes (ct.-appointed), Peter D. Derbes, New Orleans, La., for defendant-appellant.

Sixto O'Calagan C. (Cerezo), pro se.

Frank J. Violanti, U. S. Atty., William H. Beatty, Asst. U. S. Atty., Balboa, Canal Zone, for plaintiff-appellee.

Before BROWN, Chief Judge, COLEMAN, and VANCE, Circuit Judges.

COLEMAN, Circuit Judge.

Appellant, having waived a jury trial, was convicted by Judge Roettger1 of aiding and abetting the possession of marijuana with intent to distribute. On March 7, 1978, he was sentenced by Judge Hill2 to 3 years, 6 months of which he was to spend in a jail-type institution, with the other 30 months suspended. He also received a 3 year period of probation to commence on expiration of his...

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