UNITED STATES v. GARY

No. 71-1638.

447 F.2d 907 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Charles GARY, Milton Wilson, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 27, 1971.


Attorney(s) appearing for the Case

Marks, Sherman & Schwartz, Beverly Hills, Cal., for defendants-appellants.

Darrell Macintyre, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Los Angeles, Cal., for plaintiff-appellee.

Before BARNES and HUFSTEDLER, Circuit Judges, and NIELSEN, District Judge.


BARNES, Circuit Judge:

Appellants Gary and Wilson attack their conviction before a jury of two counts of conducting heroin transactions in violation of 21 U.S.C. § 174.

The evidence must be discussed. The testimony discloses that on March 27, 1970, Agent Sutton of the Federal Bureau of Narcotics and Dangerous Drugs accompanied one "Rip", an undercover informant, to appellant Gary's residence in Lompoc, California. After speaking to Gary outside the residence...

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