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UNITED STATES v. SELBY

No. 22719.

407 F.2d 241 (1969)

UNITED STATES of America, Appellant, v. Frank Karl SELBY, Steven Arthur Clark, Paul Evans Carbone, Carol Nalani Palmieri, and Elaine Rose Fodor, Appellees.

United States Court of Appeals Ninth Circuit.

February 13, 1969.

Attorney(s) appearing for the Case

Jo Ann Diamos (argued), Asst. U. S. Atty., Edward E. Davis, U. S. Atty., Tucson, Ariz., for appellant.

George H. Chula (argued), and Sidney Lester (argued), Santa Ana, Cal., William L. Berlat, Tucson, Ariz., for appellees.

Before JONES, BARNES and HAMLEY, Circuit Judges.

BARNES, Circuit Judge:

Appellees were indicted on November 8, 1967, for conspiring to import, receive, conceal, buy, sell and facilitate the transportation of approximately 332 pounds of bulk marijuana, a violation of 21 U.S.C. § 176a. Two of the appellees, Selby and Palmieri, were also indicted on a second count, under 21 U.S.C. § 176a, for knowingly importing the 332 pounds of bulk marijuana with intent to defraud...

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