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UNITED STATES v. BARNARD

Nos. 72-3168, 73-1201, 73-1202 and 73-1203.

490 F.2d 907 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Buddy Joe BARNARD et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 29, 1974.

Certiorari Denied April 22, 1974.

Attorney(s) appearing for the Case

Philip A. DeMassa, Thomas J. Ryan (argued), DeAnne D. Fisher (argued), James P. Hagerstrom (argued), San Diego, Cal., for defendants-appellants.

James Brannigan, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., James W. Brannigan, Jr., Atty. (argued), Dept. of Justice, San Diego, Cal., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and MURRAY, District Judge.

Certiorari Denied April 22, 1974. See 94 S.Ct. 1976.

OPINION

DUNIWAY, Circuit Judge:

In December of 1972, the four appealing defendants, Buddy Joe and Jerry Robert Barnard, Low, and Remley, were convicted on five counts: conspiracy to import marijuana in violation of 21 U. S.C. §§ 952, 960 and 963 (one count); attempted importation and importation of marijuana in violation of 21 U.S.C. §§ 952, 960 and 963 (two counts); and possession...

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