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WHITE v. UNITED STATES

No. 20566.

394 F.2d 49 (1968)

Charles Emanuel WHITE and John Lewis, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 4, 1968.

Attorney(s) appearing for the Case

William V. O'Neal (argued), San Diego, Cal., for appellant.

Shelby R. Gott (argued), Asst. U. S. Atty., Edwin L. Miller, Jr., U. S. Atty., San Diego, Cal., for appellee.

Before MERRILL and ELY, Circuit Judges, and STEPHENS, District Judge.

STEPHENS, District Judge:

John Lewis and Charles Emanuel White were charged in a five-count indictment and both convicted on count one of conspiracy to import narcotic drugs, 21 U.S.C. § 174. Lewis was convicted on count two (aiding and abetting the importation of heroin, 21 U.S.C. § 174, 18 U.S.C. § 2) and count three (aiding and abetting the importation of cocaine, 21 U.S.C. § 174, 18 U.S.C. § 2). Lewis was not named in counts four and five...

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