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UNITED STATES v. DeLUCCA

No. 79-5542.

630 F.2d 294 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph R. DeLUCCA, Julio Enrique Perez, Jr. and Manuel Pozo, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied December 24, 1980.

Attorney(s) appearing for the Case

Neal R. Sonnett, Benedict P. Kuehne, Miami, Fla., for DeLucca.

J. Stephen Salter, Benjamin Daniel, Birmingham, Ala., for Perez.

Richard H. Bite, Birmingham, Ala., (Court-Appointed), for Pozo.

Bill L. Barnett, Asst. U. S. Atty., Birmingham, Ala., for the U. S.

Before VANCE and GARZA, Circuit Judges, and ALLGOOD, District Judge.

ALLGOOD, District Judge:

On May 9, 1979, a federal grand jury sitting in the Northern District of Alabama indicted five defendants in connection with a drug conspiracy in Birmingham. The codefendants were Joseph DeLucca, Julio Perez, Manuel Pozo, Emilio DeLa Rosa and Kenneth Brown. Each of the defendants was charged with one count of conspiracy to distribute cocaine,1 and two substantive counts of possession with intent to distribute

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