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U.S. v. DE LA PENA-JUAREZ

Nos. 98-41565, 99-20479.

214 F.3d 594 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Franklin DE LA PENA-JUAREZ, also known as Carlos Ottoniel De La Pena, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Gamaliel Aguirre-Tibra, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 21, 2000.

Attorney(s) appearing for the Case

James Lee Turner, Paula Camille Offenhauser, Asst. U.S. Atty., David Hill Peck, Houston, TX, for U.S.

Roland E. Dahlin, II, Federal Public Defender, Jeffrey L. Wilde, Asst. Federal Public Defender, Renata Ann Gowie, Asst. Federal Public Defender, Richard O. Ely, Houston, TX, for Defendants-Appellants.

Before EMILIO M. GARZA, DeMOSS and STEWART, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Franklin De La Pena-Juarez ("De La Pena-Juarez") appeals the district court's denial of his motion to dismiss his indictment based upon a violation of the Speedy Trial Act, 18 U.S.C. § 3161(b). Gamaliel Aguirre-Tibra ("Aguirre-Tibra") also seeks review of the district court's denial of his motion to dismiss his indictment based upon a Speedy Trial Action violation. Because these cases raise an identical issue of law, we consolidate...

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