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DAILY v. UNITED STATES

No. 16414.

293 F.2d 33 (1961)

Roy Solen DAILY and James Ribero, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

July 8, 1961.

Attorney(s) appearing for the Case

Robert S. Bixby, San Francisco, Cal., for appellant Ribero.

Willis Hannawalt and Robert Morris, San Francisco, Cal., for appellant Daily.

Lawrence E. Dayton, U. S. Atty., John Kaplan, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before STEPHENS and HAMLEY, Circuit Judges, and LINDBERG, District Judge.

STEPHENS, Circuit Judge.

Appellants were convicted of conspiracy to violate the federal narcotics law, 18 U.S.C. § 371 and 26 U.S.C. § 4705(a), and Daily was also convicted of the substantive offense of selling narcotics. Both appellants had earlier appealed. We affirmed Ribero's conviction and declined to review Daily's since no brief had been filed in his behalf. 9 Cir., 1960, 282 F.2d 818. Subsequently, we granted Ribero...

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