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UNITED STATES v. CRUZ

No. 76-3527.

587 F.2d 277 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Guillermo Rhodes CRUZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 18, 1978.

Attorney(s) appearing for the Case

Gustavo Acevedo, Asst. Federal Public Defender, Laredo, Tex., Roland E. Dahlin, II, Federal Public Defender, Karen K. Friedman, Asst. Federal Public Defender, Houston, Tex., for defendant-appellant.

J. A. Canales, U. S. Atty., Mary L. Sinderson, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., Rene Gonzalez, Asst. U. S. Atty. Laredo, Tex., James R. Gough, Anna E. Stool, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

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

ON PETITION FOR REHEARING

PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby DENIED.

TJOFLAT, Circuit Judge, with whom BROWN, Chief Judge, AINSWORTH, GEE and VANCE, Circuit Judges, join, dissenting:

When I dissented from the majority opinion of the en banc court in this case I stated that the majority did serious and...

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