UNITED STATES v. ALVARADO

No. 80-1340.

647 F.2d 537 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Gonzalez ALVARADO, Jr., Rogelio Arenas, Ernesto J. Gonzalez, Rodolfo Gonzalez, Rogelio Gonzalez, Eliseo Guerra, Carlos Nieto, Magin Reyes, Emilio Salinas, Luis Gumaro Tamez, Pablo Villa, Guadalupe Garcia, Enrique Garcia and Juventino Salinas Munoz, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied July 16, 1981.


Attorney(s) appearing for the Case

L. Aron Pena, Edinburg, Tex., for defendants-appellants.

Eduardo R. Rodriguez, Brownsville, Tex., for Munoz.

Carl Walker, Jr., James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before BROWN, GEWIN and POLITZ, Circuit Judges.


GEWIN,* Circuit Judge:

I. Introduction

The fourteen herein named defendants-appellants seek relief from their convictions and sentences rendered in a non-jury trial by the district court for conspiracy to possess marijuana with intent to distribute. The following nine issues are raised on this appeal: (1) whether appellants were placed in double jeopardy; (2) whether the superseding indictment was the product of illegally...

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