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GARCIA v. UNITED STATES

Nos. 73-1575, 73-1576.

492 F.2d 395 (1974)

Robert James GARCIA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 21, 1974.

Attorney(s) appearing for the Case

Jack L. Love, Federal Public Defender, Albuquerque, N. M., for petitioner-appellant.

William R. Hughes, Jr., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., and W. R. Hughes, Jr., Asst. U. S. Atty., Albuquerque, N. M. on the brief), for respondent-appellee.

Before LEWIS, Chief Judge, and JONES and McWILLIAMS, Circuit Judges.

JONES, Circuit Judge:

The appellant, Robert James Garcia, and three others were charged with the unlawful importation and possession of marihuana. After his arrest Garcia was released on bond. He failed to appear for arraignment. He was indicted for possession with intent to distribute marihuana in violation of 21 U.S.C.A. § 841(a)(1) and 18 U.S.C.A. § 2. By a separate indictment he was charged with jumping bail in violation of 18 U.S.C.A. § 3150. Garcia...

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