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UNITED STATES v. HERNANDEZ

No. 77-5536.

580 F.2d 188 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Pete HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted November 7, 1978.

Attorney(s) appearing for the Case

Joseph G. Garza, Corpus Christi, Tex., for defendant-appellant.

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

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judge.

Rehearing En Banc Granted November 7, 1978.

ALVIN B. RUBIN, Circuit Judge:

Pete Hernandez was convicted of possession of heroin with intent to distribute it and of its distribution, both in a single transaction and in violation of a single statute, 21 U.S.C. § 841(a)(1). He was sentenced to separate consecutive sentences of incarceration for ten years and special parole for two years on each count. He appeals on several grounds, principally asserting...

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