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UNITED STATES v. RODRIGUEZ

No. 76-4055.

573 F.2d 330 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Mary Rangel RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 22, 1978.

Attorney(s) appearing for the Case

Philip S. Greene, Gerald M. Birnberg, Houston, Tex., for defendant-appellant.

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

Before GOLDBERG and MORGAN, Circuit Judges, and WYZANSKI, Senior District Judge.

WYZANSKI, Senior District Judge:

Following the government's petition for rehearing, we herewith withdraw our opinion of December 22, 1977, vacate our judgment, and substitute this opinion and judgment.

Mary Rangel Rodriguez appeals from her convictions on both counts of a two-count indictment. In count one she was charged with conspiracy to distribute heroin, in violation of United States Code 21 § 846, and in count two with possession of heroin with...

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