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GAITAN v. UNITED STATES

Nos. 5709-5711, 5728.

252 F.2d 256 (1958)

Joseph Aguilar GAITAN, Appellant, v. UNITED STATES of America, Appellee. Dolores Mary GAITAN, Appellant, v. UNITED STATES of America, Appellee. Aniseto SILVA, Appellant, v. UNITED STATES of America, Appellee. Joe Anthony EMMETT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 8, 1958.

Writ of Certiorari Denied April 28, 1958.

Attorney(s) appearing for the Case

Walter L. Gerash and Francis P. O'Neill, Denver, Colo., for appellants, Joseph Aguilar Gaitan and Dolores Mary Gaitan and Aniseto Silva.

Blair J. Lawther, Denver, Colo., filed a brief for appellant, Joe Anthony Emmett.

John S. Pfeiffer, Asst. U. S. Atty., Denver, Colo., (Donald E. Kelley, U. S. Atty., Denver, Colo., with him on the brief), for appellee.

Before BRATTON and PICKETT, Circuit Judges, and RICE, District Judge.

Writ of Certiorari Denied April 28, 1958. See 78 S.Ct. 779.

RICE, District Judge.

The appellants, defendants in the trial court, and hereinafter referred to as defendants, were charged by indictment with violations of the narcotics laws relating to marihuana. All defendants were charged with conspiracy to transfer marihuana in violation of 26 U.S.C. § 4742(a). Joseph Aguilar Gaitan and Dolores Mary Gaitan, husband and wife, hereinafter referred to as...

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