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UNITED STATES v. GUERRA

Nos. 78-1072, 78-1472.

588 F.2d 519 (1979)

UNITED STATES of America, Petitioner-Appellee, v. Robert GUERRA, Respondent-Appellant. Robert GUERRA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 26, 1979.

Attorney(s) appearing for the Case

Robert Guerra, pro se.

Lee L. Kaplan (Court-appointed), Houston, for respondent-appellant.

Jamie C. Boyd, U. S. Atty., Le Roy Morgan Jahn, W. Ray Jahn, Asst. U. S. Attys., San Antonio, Tex., for petitioner-appellee.

Before THORNBERRY, GODBOLD and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Appellant, Robert Guerra, was indicted on November 11, 1975, by a federal grand jury for the Western District of Texas and charged with distribution of heroin in violation of 21 U.S.C.A. § 841(a)(1). A plea of not guilty was entered by appellant on November 25, 1975. Appellant was tried and convicted by a jury on January 16, 1976; subsequently, on February 3, 1976, he was sentenced to twelve years imprisonment and a special parole...

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