Nos. 81-2351, 81-2364.

683 F.2d 122 (1982)

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.

Certiorari Denied November 15, 1982.

Attorney(s) appearing for the Case

Richard W. Rogers, III, Corpus Christi, Tex. (court-appointed), for Jose G. Singleterry.

Roland E. Dahlin, II, Federal Public Defender, Karen K. Brown, Houston, Tex., Gustavo Acevedo, Laredo, Tex., Asst. Federal Public Defenders, for Juan A. Singleterry.

James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before BROWN, RUBIN and REAVLEY, Circuit Judges.

REAVLEY, Circuit Judge:

In a prior appeal, we reversed the convictions of brothers Juan and Jose Singleterry because the prosecutor improperly and repeatedly alluded to Juan's prior conviction while cross-examining Jose. United States v. Singleterry ("Singleterry I"), 646 F.2d 1014 (5th Cir. 1981). On remand, Juan and Jose filed a plea in bar, arguing that a new trial was barred by the constitutional prohibition against double...

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