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U.S. v. PEREZ

No. 87-2073.

823 F.2d 854 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Tito PEREZ, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 24, 1987.

Attorney(s) appearing for the Case

Fred Galindo, Brownsville, Tex., for defendant-appellant.

Henry K. Oncken, U.S. Atty., Brownsville, Tex., Susan L. Yarbrough, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before GEE, JOHNSON, and HILL, Circuit Judges.

GEE, Circuit Judge:

Perez challenges the admission against him of hearsay statements made by his criminal co-conspirators in a drug ring, contending that our James test for the admission of such evidence was wrongly applied. United States v. James, 590 F.2d 575 (5th Cir.) (en banc), cert. denied, 442 U.S. 917, 99 S.Ct. 2836, 61 L.Ed.2d 283 (1979). Since he took his appeal, however, the tide has swept James...

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