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UNITED STATES v. CERVANTES-PACHECO

No. 84-2687.

800 F.2d 452 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Adalberto CERVANTES-PACHECO, Jerry Wayne Nelson and William E. Nelson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing September 25, 1986.

Attorney(s) appearing for the Case

Melvyn Kessler, Miami, Fla., for Pacheco and Jerry Wayne Nelson.

Oscar J. Pena, Laredo, Tex., for W. Nelson.

Susan L. Yarbrough, James R. Gough, Asst. U.S. Attys., Henry K. Oncken, U.S. Atty., Houston, Tex., Ann T. Wallace, Atty., Appellate Section, Crim. Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

Before GOLDBERG, WILLIAMS and DAVIS, Circuit Judges.

Rehearing En Banc Granted September 25, 1986.

(Opinion July 7, 1986, 5th Cir.1986, 793 F.2d 689)

GOLDBERG, Circuit Judge:

The court substitutes this opinion for its earlier opinion reported at 793 F.2d 689 (5th Cir.1986).

This is a criminal appeal involving the characterization of a conspiracy and a claim that the Government hired and compensated its main witness on an impermissible...

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