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UNITED STATES v. DE LA CRUZ BELLINGER

Nos. 23697, 23698.

422 F.2d 723 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Xavier DE LA CRUZ BELLINGER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jacqueline Cynthia HOLLEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied June 1, 1970.

Attorney(s) appearing for the Case

William V. O'Neal (argued), San Diego, Cal., for defendant-appellant Bellinger.

William V. O'Neal (argued), San Diego, Cal., for defendant-appellant Holley.

Phillip Johnson (argued), Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BROWNING, ELY and WRIGHT, Circuit Judges.

Certiorari Denied June 1, 1970. See 90 S.Ct. 1860.

EUGENE A. WRIGHT, Circuit Judge.

On September 25, 1968, a five-count indictment was returned against appellants Bellinger and Holley, and Dudley Beavers. Following a joint jury trial, a verdict was returned finding appellants guilty of conspiring to smuggle marihuana into the United States (Count I), assaulting a customs agent with a deadly and dangerous weapon (Count II), and smuggling 1,000 amphetamine tablets...

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