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UNITED STATES v. CABALLERO

No. 82-2027.

712 F.2d 126 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Conrado CABALLERO, Juan H. Rodriguez, Daniel Gonzalez and Juan Caceres, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied September 23, 1983.

Attorney(s) appearing for the Case

Windi Akins, Houston, Tex. (Court-appointed), for Caceres.

H. Frank Rubio, Miami, Fla., for Caballero.

Stephen H. Rosen, Paul Morris, Miami, Fla., for Rodriguez & Gonzalez.

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

Before GARZA, RANDALL and GARWOOD, Circuit Judges.

GARZA, Circuit Judge:

Defendants assert in this appeal that their convictions must be reversed (1) because the evidence is insufficient to support their convictions; (2) because the inflammatory remarks of the Assistant United States Attorney in the closing argument require a mistrial; and (3) because the court erred in admitting certain co-conspiratorial statements without the benefit of a James hearing. After thoroughly...

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