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UNITED STATES v. RODRIGUEZ

No. 26051.

438 F.2d 1164 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. David Valdez RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 22, 1971.

Attorney(s) appearing for the Case

David C. Marcus, (argued), Los Angeles, Cal., for defendant-appellant.

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

Before BARNES, DUNIWAY and TRASK, Circuit Judges.

PER CURIAM:

Rodriguez appeals from his conviction, following a jury trial, for conspiring with one Samuel Silva to sell and possess depressant and stimulant drugs (i. e., barbiturates and amphetamines) in violation of 21 U.S.C. § 331(q) (2) and (3) and § 360a(b) and (c) (1). Appellant was acquitted on a count charging possession of amphetamines (21 U.S.C. § 360a(c)). His co-conspirator, Silva, who was not charged in the conspiracy count, pled guilty...

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