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UNITED STATES v. MARTINEZ

Nos. 23769-23771.

429 F.2d 971 (1970)

UNITED STATES of America, Appellee, v. John Marez MARTINEZ, Appellant. UNITED STATES of America, Appellee, v. Manuel A. ROJAS, Jr., Appellant. UNITED STATES of America, Appellee, v. Carlos Perez HAMILTON, Appellant.

United States Court of Appeals, Ninth Circuit.

June 18, 1970.

Attorney(s) appearing for the Case

Thomas A. Zlaket (argued for #23769), Leon Thikoll (argued for #23770), James Johnston, Gilbert Gonzales (argued for #23771) Tucson, Ariz., for appellants.

JoAnn D. Diamos (argued), Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Tucson, Ariz., for appellees.

Before HAMLEY, BROWNING and ELY, Circuit Judges.

HAMLEY, Circuit Judge:

John Marez Martinez, Manuel A. Rojas, Jr., and Carlos Perez Hamilton, were jointly tried before a jury and convicted on the various narcotic charges set forth in the joint indictment summarized in the margin.1 They have prosecuted separate appeals which we have consolidated for argument and disposition.

We first summarize the evidence tending to support the conviction...

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