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UNITED STATES v. MORENO-NUNEZ

Nos. 78-3057 to 78-3059.

595 F.2d 1186 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Nepomuceno MORENO-NUNEZ, Jose Armando Badilla-Yescas, Ignacio Ramirez-Ruiz, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 1, 1979.

Attorney(s) appearing for the Case

Charles S. Sabalos and Frank R. Zapata (argued), Tom O'Toole, Federal Public Defender, R. Lamar Couser, Tucson, Ariz., for defendants-appellants.

Rhonda Repp, Asst. U. S. Atty. (argued), Tucson, Ariz., for the U. S.

Before DUNIWAY and KENNEDY, Circuit Judges, and BONSAL, District Judge.

DUNIWAY, Circuit Judge:

In these cases, each of the three defendants was convicted of conspiracy to possess heroin with intent to distribute it, and of possession of heroin with intent to distribute it. Each was given concurrent sentences on his two convictions. We affirm. We consider the arguments of each appellant separately.

1. Moreno-Nunez, No. 78-3057.

At the outset of the trial, counsel for Badilla announced his intention to place his...

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