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UNITED STATES v. MIRENDA

Nos. 26824, 26825, and 26826.

443 F.2d 1351 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Philip MIRENDA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jose M. VERDUGO-MEDINA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ramon FRAGOSO-HERRERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 20, 1971.

Attorney(s) appearing for the Case

Clay G. Diamos (argued), Tucson, Ariz., for defendant-appellant Philip Mirenda.

Ann Bowen, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty., Tucson, Ariz., for appellee.

John R. McDonald (argued), Tucson, Ariz., for defendant-appellant Jose M. Verdugo-Medina.

R. Lamar Couser (argued), Tucson, Ariz., for defendant-appellant Ramon Fragoso-Herrera.

Before BARNES, BROWNING and TRASK, Circuit Judges.

Rehearing Denied in No. 26825 July 20, 1971.

BARNES, Circuit Judge:

The three actions entitled as above are appeals from a joint trial of three of five defendants jointly indicted. The charge was that they did, knowingly and with intent to defraud the United States, "receive, conceal, buy, sell and facilitate the transportation, concealment and sale of 325 pounds of marijuana, at Tucson, Arizona, on June 7, 1970," after the said marijuana had been imported...

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