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UNITED STATES v. WHITTAKER

No. 26441.

443 F.2d 1371 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie Mervin WHITTAKER, Freddie Williams, Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 19, 1971.

Attorney(s) appearing for the Case

Gary B. Fleischman, Beverly Hills, Cal., for appellants.

Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Criminal Division, John W. Hornbeck, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, TRASK and CHOY, Circuit Judges.

PER CURIAM:

The judgments of conviction in this narcotics case are affirmed.

Appellants' best point is a claim of prejudice in the dismissal of the indictment and reindictment — loss of witnesses.

We are unable to find that the district court's finding of no prejudice from the delay was clearly erroneous.

The mandate will issue...

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