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UNITED STATES v. FUENTES

No. 29346 Summary Calendar.

432 F.2d 405 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Albert FUENTES, Jr., and Edward J. Montez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 23, 1970.

Attorney(s) appearing for the Case

Ruben Montemayor, San Antonio, Tex., for Albert Fuentes, Jr.

G. Bert Smith, Jr., Andrews, Tex., for Edward J. Montez.

Seagal V. Wheatley, U. S. Atty., Reese L. Harrison, Jr., Asst. U. S. Atty., Chief, Criminal Section, Western District of Tex., San Antonio, Tex., for plaintiff-appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge:

The defendants-appellants, Albert Fuentes, Jr., and Edward J. Montez, were convicted on a two-count indictment of violating 18 U.S.C. § 2, § 201(c) and § 371. The first count charged them with "the corrupt solicitation of and agreement to receive something of value in return for being influenced in the performance of an official act and aiding in and allowing the commission of a fraud on the United States." The second count charged...

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