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UNITED STATES v. MAHONEY

Nos. 23454, 23553.

427 F.2d 658 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Dominic MAHONEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles Clarence GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 12, 1970.

Attorney(s) appearing for the Case

Michael A. Bosco, Phoenix, Ariz., for Mahoney.

George T. Davis, San Francisco, Cal., for Garcia.

Richard K. Burke, U. S. Atty., Lawrence Turoff, Asst. Atty., Phoenix, Ariz., for appellees.

Before CHAMBERS, MERRILL and ELY, Circuit Judges.

MERRILL, Circuit Judge:

Appellants, together with three codefendants (one Arellano, one Lewis and one Cortez), were indicted in two counts for conspiracy to smuggle marijuana and for smuggling 93 kilos of Marijuana on November 30, 1967, in violation of 21 U.S.C. § 176a. The trials of codefendants Lewis and Cortez were severed to permit them to testify as Government witnesses. Following jury trial appellant Garcia was convicted on both counts; appellant Mahoney...

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