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UNITED STATES v. SINGLETERRY

Nos. 80-1222, 80-1278.

646 F.2d 1014 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Guadalupe SINGLETERRY and Juan Antonio Singleterry, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Juan Antonio SINGLETERRY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

June 1, 1981.

Attorney(s) appearing for the Case

Earlene Longoria, Court-appointed, Edinburg, Tex., for defendants-appellants.

Gustavo L. Acevedo, Charles S. Szekely, Jr., Asst. Public Defenders, Roland E. Dahlin, II, Federal Public Defender, Houston, Tex., for Juan Antonio Singleterry.

Carl Walker, Jr., U.S. Atty., James R. Gough, Asst. U.S. Atty., Houston, Tex., John P. Smith, Asst. U.S. Atty., Brownsville, Tex., Robert A. Berg, Asst. U.S. Atty., Corpus Christi, Tex., for plaintiff-appellee.

Before BROWN, GEWIN and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

Jose Guadalupe Singleterry and Juan Antonio Singleterry, brothers, were convicted by a jury of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Alleging prosecutorial misconduct which abridged their right to a fair trial, they appeal their convictions (docket number 80-1222). A year earlier Juan Antonio Singleterry had been convicted of the same offense, sentenced to three years imprisonment (all...

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