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UNITED STATES v. DOMINGUEZ

No. 79-5346.

615 F.2d 1093 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest Edward DOMINGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 23, 1980.

Attorney(s) appearing for the Case

Robert R. Harris, El Paso, Tex., for defendant-appellant.

LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, GEWIN and POLITZ, Circuit Judges.

GEWIN, Circuit Judge:

Appellant Ernest Edward Dominguez appeals from a conviction in the Western District of Texas for possession of heroin with intent to distribute1 which resulted in a twelve year sentence and a fifteen year special parole term. His appeal is based on the trial court's excusal of a seated, but unsworn juror without consultation with defense counsel, denial of a motion to suppress based on alleged insufficiencies in the...

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