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UNITED STATES v. RODRIGUEZ

No. 77-5339.

617 F.2d 1214 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Edward RODRIGUEZ, a/k/a Rick, Thomas J. Albernaz, Peter Smigowski and William John Martins, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 8, 1980.

Attorney(s) appearing for the Case

Raymond E. LaPorte, Tampa, Fla., for Rodriguez.

Martin G. Weinberg, Boston, Mass., for Albernaz.

James W. Lawson, Joseph S. Oteri, Boston, Mass., for Smigowski.

Joel R. Magazine, Coconut Grove, Fla., for Martins.

Michael P. Sullivan, Asst. U. S. Atty., Miami, Fla., Mervyn Hamburg, Atty., U. S. Dept. of Justice, Criminal Division, Washington, D. C., for plaintiff-appellee.

Before SKELTON, Senior Judge, FAY and RUBIN, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby denied.

The court granted rehearing en banc to consider the double jeopardy question discussed in the opinion rendered by the court en banc. See United States v. Rodriguez, 612 F.2d 906 (5th Cir. 1980) (en banc). However, in doing so the court did not...

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