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UNITED STATES v. BECTON

No. 80-1630.

632 F.2d 1294 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Major BECTON, Stanley Becton, Robert Jones, Robert Pollack, Vincent Damien and Barry Mirojnick, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 18, 1980.

Attorney(s) appearing for the Case

Dan Marlow, Oakland, Cal. for Major and Stanley Becton.

Robert Turner, Deborah Gottlieb, Houston, Tex., for Robert Jones.

Richard Thornton, Galveston, Tex., for Robert Pollack.

Nelson & Mallett, Edward A. Mallett, J. Patrick Wiseman, Houston, Tex., for Vincent Damien.

Levey & Goldstein, Gerald H. Goldstein, San Antonio, Tex., for Barry Mirojnick.

J. A. Canales, U.S. Atty., John M. Potter, Asst. U.S. Atty, Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, GEE and REAVLEY, Circuit Judges.

GEE, Circuit Judge:

This expedited appeal presents two issues, a jurisdictional one of broad interest and importance and an evidentiary one of interest to the appellants only. Since the need for us to consider the latter depends on how we resolve the former, we discuss it first.

Appellants' trial on drug charges resulted in a thoroughly1 hung jury and the consequent declaration of a mistrial. Motions for judgment of acquittal at...

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