UNITED STATES v. MARTINEZ

No. 79-5053.

616 F.2d 185 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Benito Ayala MARTINEZ and Julio Lujano Guardiola, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 30, 1980.


Attorney(s) appearing for the Case

Lucien B. Campbell, Federal Public Defender, Edward C. Prado, Asst. Federal Public Defender, San Antonio, Tex., for Martinez.

Thomas A. Roberts, Dallas, Tex. (Court-appointed), for Guardiola.

Jamie C. Boyd, U. S. Atty., Le Roy Morgan Jahn, John E. Murphy, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before CHARLES CLARK, RONEY and HENDERSON, Circuit Judges.


PER CURIAM:

Convicted of crimes involving heroin, defendants on appeal argue that conspiracy to commit two substantive crimes can be but one criminal conspiracy under the constitutional prohibition against double jeopardy, and that the prosecutor in closing argument improperly commented on a missing witness. They separately argue insufficiency of the evidence, and the failure to provide an interpreter. None of the arguments merits reversal.

Both defendants...

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