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UNITED STATES v. HERRERA

No. 74 CR 794.

407 F.Supp. 766 (1975)

UNITED STATES of America, Plaintiff, v. Juan HERRERA, Defendant.

United States District Court, N. D. Illinois, E. D.

September 30, 1975.

Attorney(s) appearing for the Case

James R. Thompson, U. S. Atty., Robert F. Semmer, Asst. U. S. Atty., Chicago, Ill., for plaintiff.

Jack P. Rimland, Chicago, Ill., for defendant.

MEMORANDUM OPINION

MARSHALL, District Judge.

The trial of defendant Juan Herrera for the sale of a substance containing heroin in violation of 21 U.S.C.A. § 841(a)(1), presented an opportunity for analysis of the factual prerequisites for the admissibility against Herrera of the declarations of his co-defendant, Jose Rodriguez, who was asserted by the Government, although not alleged in the indictment, to be Herrera's co-conspirator or joint venturer...

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