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UNITED STATES v. HANDLY

No. 77-5787.

591 F.2d 1125 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Warren N. HANDLY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 1979.

Attorney(s) appearing for the Case

Roland E. Dahlin, II, Fed. Public Defender, Charles S. Szekely, Jr., Gustavo L. Acevedo, Asst. Fed. Public Defenders, Houston, Tex., for defendant-appellant.

J. A. Canales, U. S. Atty., James R. Gough, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., Robert A. Berg, Asst. U. S. Atty., Corpus Christi, for plaintiff-appellee.

Before COLEMAN, GEE and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

The appellant, Warren Handly, seeks reversal of his conviction for conspiracy to possess with intent to distribute heroin in violation of Title 21 of the United States Code, Sections 841(a)(1) and 846. Handly presents two grounds for reversal: (1) the prosecutor committed reversible error by informing the jury during his opening statement that two of the coconspirators named in the indictment on which Handly was tried had already pled...

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