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UNITED STATES v. BAEZ

No. 82-1402.

703 F.2d 453 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph BAEZ, Sr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 4, 1983.

Attorney(s) appearing for the Case

Fred J. Shaeffer, Norman, Okl., for defendant-appellant.

David W. Lee, Sp. Asst. U.S. Atty., Oklahoma City, Okl. (William S. Price, U.S. Atty., and Richard Freeman, Asst. U.S. Atty., Oklahoma City, Okl., on the brief), for plaintiff-appellee.

Before HOLLOWAY, DOYLE and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Ralph Baez, Sr. was convicted by a jury of conspiracy to distribute and of distribution of phencyclidine (PCP) in violation of 21 U.S.C. §§ 841(a)(1), 846 (1976). On appeal, he asserts that the trial court's reference to his codefendants' guilty pleas was plain error. We agree and remand for a new trial.1

During voir dire, the trial judge summarized the indictment to the prospective jurors, then...

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