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UNITED STATES v. ROCHAN

No. 76-3162.

563 F.2d 1246 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Jean Charles ROCHAN, Andre Ethier and Serge Brochu, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 1, 1977.

Attorney(s) appearing for the Case

R. Emmett Harris, Uvalde, Tex. (Court-appointed), for Rochan.

Curtis D. Glover, Paul D. Eaton, Dallas, Tex., for Ethier & Brochu.

Jean Charles Rochan, pro se.

John Henvey, William M. Walls, Dallas, Tex., for defendants-appellants.

Jamie C. Boyd, U. S. Atty., LeRoy Morgan Jahn, Robert S. Bennett, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before WISDOM, GEWIN and AINSWORTH, Circuit Judges.

WISDOM, Circuit Judge:

A jury convicted Serge Brochu, Andre Ethier, and Jean Charles Rochan, defendants/appellants, on a five-count indictment charging them with federal offenses related to the importation of marijuana into this country from Mexico.1 On appeal, the appellants raise a number of issues, only two of which need be discussed. (1) They contend that statements by the prosecutor and the trial judge constituted comment on their...

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