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UNITED STATES v. BAGBY

Nos. 71-1577, 71-1578.

451 F.2d 920 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. L. C. BAGBY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Carl STRONG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 15, 1971.

Attorney(s) appearing for the Case

John A. Pickard (argued), of Dardano & Mowry, Portland, Or., for defendant-appellant L. C. Bagby.

Terry W. Baker (argued), Portland, Or., for defendant-appellant Carl Strong.

Jack Wong, Asst. U. S. Atty. (argued), Sidney I. Lezak, U. S. Atty., Charles H. Turner, Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and BOLDT, District Judge.

DUNIWAY, Circuit Judge:

Bagby and Strong appeal from judgments of conviction entered upon guilty verdicts under an indictment charging a conspiracy made criminal by 21 U.S.C. § 174. We reverse and remand.

Section 174 proscribes a conspiracy to commit any of the acts that it makes criminal. In this case the charge is that one Brazil, Bagby, Strong, and one Thurman (an unindicted conspirator) conspired "to receive...

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