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UNITED STATES v. YBARRA

Nos. 25289, 25290.

430 F.2d 1230 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Robles YBARRA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jesus Robles YBARRA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 24, 1970.

Attorney(s) appearing for the Case

Sidney L. Felker (argued), of Dowdall, Harris, Hull & Terry, Tucson, Ariz., for Jose Ybarra.

Lillian Fisher (argued), Tucson, Ariz., for Jesus Ybarra.

James E. Wilkes (argued), Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Tucson, Ariz., for appellee.

Before MADDEN, Judge, United States Court of Claims, HAMLEY and TRASK, Circuit Judges.

MADDEN, Judge:

The Ybarra brothers, Jose and Jesus, were indicted on two counts charging violations of federal narcotics laws. Count 2 was dismissed. The defendants were tried before a jury on Count 1 and were found guilty. They have filed separate appeals, but, since they were tried together, the Government, pursuant to Rule 28(i), Federal Rules of Appellate Procedure, Title 28, U.S.Code, has filed only one reply brief.

Sedillo, an Agent of the United States...

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