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UNITED STATES v. STANLEY

No. 25473.

446 F.2d 374 (1971)

UNITED STATES of America, Appellee, v. Owsley STANLEY, Robert W. Massey, Robert D. Thomas, Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing August 5, 1971.

Attorney(s) appearing for the Case

Michael H. Metzger (argued), Daniel H. Weinstein, San Francisco, Cal., Arthur Harris (argued), (for Thomas), Berkeley, Cal., Henry B. Rothblatt, New York City, Al Matthews (for Massey & Spires), Van Nuys, Cal., J. Bradley Klemm, Oakland, Cal., for appellants.

Paul Sloan (argued), Asst. U. S. Atty., James L. Browning Jr., U. S. Atty., San Francisco, Cal., for appellee.

Before CHAMBERS, MERRILL and CARTER, Circuit Judges.

JAMES M. CARTER, Circuit Judge.

The convictions of the three appellants above named, and William A. Spires, were affirmed in United States v. Stanley, (9 Cir. 1970) 427 F.2d 1066. All four petitioned for certiorari and on December 7, 1970, the Supreme Court granted the petition "insofar as it seeks review of affirmance by the Court of Appeals of count 5 (possession count) of convictions of petitioners Stanley, Thomas, and Massey...

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