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UNITED STATES v. SALINAS

No. 81-2083.

701 F.2d 41 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Juan SALINAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 21, 1983.

Attorney(s) appearing for the Case

Stephen C. Tarry, Houston, Tex., for defendant-appellant.

John M. Potter, Asst. U.S. Atty., Houston, Tex., John Patrick Smith, Asst. U.S. Atty., Brownsville, Tex., W.W. Torrey, Asst. U.S. Atty., Corpus Christi, Tex., for plaintiff-appellee.

Before RUBIN and JOHNSON, Circuit Judges, and DAVIS, District Judge.

ON PETITION FOR REHEARING

(Opinion November 22, 1982, 5 Cir., 1982, 693 F.2d 348)

PER CURIAM:

In its petition for panel rehearing, the Government for the first time responds in the negative to the question whether the reasons for dismissal of the first indictment were as given in the record.1 The Government now asks this Court to consider an affidavit by the trial attorney which allegedly...

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