UNITED STATES v. SARMIENTO-PEREZ

No. 81-2207 Summary Calendar.

667 F.2d 1239 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Oscar SARMIENTO-PEREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 19, 1982.


Attorney(s) appearing for the Case

Arthur Addess, Miami, Fla., for defendant-appellant.

John Potter, Asst. U. S. Atty., Houston, Tex., for the U. S.

Before BROWN, POLITZ and WILLIAMS, Circuit Judges.


PER CURIAM:

Luis Oscar Sarmiento-Perez was convicted of one count of conspiring to possess cocaine with intent to distribute and two counts of distributing cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). We reversed his conviction because of a trial error and remanded for a new trial. United States v. Sarmiento-Perez, 633 F.2d 1092 (5th Cir. 1981). On remand, Sarmiento-Perez moved for a dismissal on grounds...

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