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UNITED STATES v. GONZALEZ

No. 82-2012.

700 F.2d 196 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Octavio Pena GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 28, 1983.

Attorney(s) appearing for the Case

L. Aron Pena, Edinburg, Tex., Gerald Goldstein (co-counsel), San Antonio, Tex., for defendant-appellant.

Anna E. Stool, Asst. U.S. Atty., James R. Gough, Chief Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before BROWN, GOLDBERG and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Juan Octavio Pena Gonzalez was charged in a four count indictment with conspiracy to import and importation of heroin in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 952(a) and 963, and with conspiracy to possess and possession of heroin with intent to distribute in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1) and 846. The district court dismissed the importation counts but a jury convicted...

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