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UNITED STATES v. SUTTON

No. CR-69-372.

312 F.Supp. 969 (1970)

UNITED STATES of America, Plaintiff, v. Paul David SUTTON, Jr., and Joseph Michael Lejioux, Defendants.

United States District Court, D. Arizona.

May 18, 1970.

Attorney(s) appearing for the Case

James M. Wilkes, Asst. U. S. Atty., Tucson, Ariz., for plaintiff.

J. Wm. Brammer, Jr., of DeConcini & McDonald, Tucson, Ariz., for defendant Sutton.

Charles M. Giles, of Giles & Moore, Tucson, Ariz., for defendant Lejioux.

OPINION

LAYTON, District Judge.*

The defendants were found guilty of a violation of 21 U.S.C. § 176a by a jury on February 20, 1970. After the trial, timely motions were filed on behalf of both defendants under Rules 29(c) and 33 of Federal Rules of Criminal Procedure for judgment of acquittal and, in the alternative, for a new trial. After consideration of the briefs of both plaintiff and the defendants, a motion of acquittal...

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