UNITED STATES v. HENAO

No. 80-5145.

652 F.2d 591 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Oscar Emilio HENAO and Ernesto Henao, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

August 7, 1981.


Attorney(s) appearing for the Case

James McMaster, Sonia O'Donnell, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

G. David O'Leary, Miami, Fla., for Oscar Emilio Henao.

Before GODBOLD, Chief Judge, FRANK M. JOHNSON, Jr., and ANDERSON, Circuit Judges.


GODBOLD, Chief Judge:

Defendants were charged with transporting illegal aliens, 8 U.S.C. § 1324, and conspiracy to do the same, 18 U.S.C. §§ 2 and 371. The district court dismissed the indictment on the theory that the government had violated the defendants' rights under the Sixth Amendment to access to a witness.

November 13, 1979 defendant Oscar Henao was arrested at an airport in Dade County, Florida...

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