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UNITED STATES v. OSUNA-SANCHEZ

Nos. 71-1497, 71-1495 and 71-1496.

446 F.2d 566 (1971)

UNITED STATES of America, Appellee, v. Roberto OSUNA-SANCHEZ, Appellant. UNITED STATES of America, Appellee, v. Manuel AGUIRRE-BARREDA, Appellant. UNITED STATES of America, Appellee, v. Francisco VILLA-FLORES, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied August 24, 1971.

Attorney(s) appearing for the Case

Gilbert Gonzalez, Manuel H. Garcia, Lawrence Ollason, Tucson, Ariz., for appellants.

James M. Wilkes, Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Tucson, Ariz., for appellee.

Before BROWNING, KILKENNY and TRASK, Circuit Judges.

PER CURIAM:

Each appellant was indicted, tried by a jury and convicted of a violation of 21 U.S.C. § 174, receiving, concealing and facilitating the transportation and concealment of 36 ounces of heroin.

BACKGROUND

There is some dispute in the evidence but, viewing the evidence in the light most favorable to the government, it appears as follows: On January 20, 1970, customs agent Cavitt, acting as a prospective purchaser of heroin, arrived...

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