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UNITED STATES v. CORTES

No. 79-5010.

606 F.2d 511 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Efren CORTES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 23, 1979.

Attorney(s) appearing for the Case

Vincent J. Flynn (Court-Appointed), Michael H. Tarkoff, Miami, Fla., for defendant-appellant.

A. Scott Miller, Linda Collins Hertz, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before GEWIN, AINSWORTH and REAVLEY, Circuit Judges.

PER CURIAM:

Appellant, Efren Cortes, attacks the trial court's denial of his motion to compel the government to elect between the charges of possession of cocaine with intent to distribute and the actual distribution of the cocaine. Cortes was charged in a two count indictment; each count alleged a separate violation of 21 U.S.C. § 841(a)(1) (1976).1 The motion was made prior to trial and was renewed at the conclusion of the evidence...

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