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UNITED STATES v. VALENZUELA

No. 78-1269.

584 F.2d 374 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Leo T. VALENZUELA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided October 5, 1978.

Attorney(s) appearing for the Case

Victor R. Ortega, U. S. Atty., and Stanley K. Kotovsky, Jr., Asst. U. S. Atty., Albuquerque, N. M., for plaintiff-appellee.

William W. Deaton, Federal Public Defender, Albuquerque, N. M., defendant-appellant.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

In this Calendar C case review is sought of an order denying dismissal in a criminal case in which defendant was charged in federal court with conspiracy to import and distribute heroin, possession with intent to distribute heroin and distribution of heroin. The same facts gave rise to a conviction of the defendant-appellant for attempted possession with intent to distribute heroin in the courts of New Mexico in June 1976. The federal...

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