YBARRA v. UNITED STATES

No. 18703.

330 F.2d 44 (1964)

Cruz YBARRA, Frank Torres and Herman Vasquez, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

March 20, 1964.


Attorney(s) appearing for the Case

Norman J. Kaplan, Los Angeles, Cal., and Beecher S. Stowe, Van Nuys, Cal., for appellants.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, and David R. Nissen, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS and JERTBERG, Circuit Judges, and MURRAY, District Judge.


CHAMBERS, Circuit Judge.

The appellants all stand convicted of a conspiracy to engage in the illegal narcotics traffic. The events occurred in the last days of October, 1962, and at intervals during the following month of November. There were also four specific counts. There were two transactions, October 31 and November 6, where heroin changed hands.

Inasmuch as each of the three defendants received concurrent sentences on the counts upon which he was convicted...

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