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UNITED STATES v. BARESH

No. 85-2160.

790 F.2d 392 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. James D. BARESH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 22, 1986.

Attorney(s) appearing for the Case

Roberto J. Yzaguirre, McAllen, Tex., for defendant-appellant.

Henry K. Oncken, U.S. Atty., Susan L. Yarbrough, James R. Gough, Asst. U.S. Attys., Houston, Tex., Mervyn Hamburg, Atty., Appellate Section, Criminal Div., U.S. Dept. of Justice, Thomas E. Booth, Atty., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before RANDALL and GARWOOD, Circuit Judges, and SCHWARTZ, District Judge.

CHARLES SCHWARTZ, Jr., District Judge.

Appellant James Baresh was charged with various narcotics laws violations, in nineteen counts (counts two through twenty) of a twenty-two count indictment. Also indicted with Baresh were five co-defendants, Jorge Ubeda, Giraldo Alvarez, William Satterwhite, Jorge Vasquez and Ben Snyder. Prior to trial, co-defendant Alvarez was allowed to plead to one count of the indictment, and co-defendant Ubeda became a fugitive and was not...

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