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UNITED STATES v. WENTZ

Nos. 71-2258, 71-2161.

456 F.2d 634 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Lee WENTZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Darrell Dallas JONES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 28, 1972.

Attorney(s) appearing for the Case

William H. McAdam, Jr., of McAdam & Neil, San Diego, Cal., for Gary Lee Wentz.

Harry D. Steward, U. S. Atty., Stephen G. Nelson, Acting Chief, Crim. Div., Phillip W. Johnson, Sp. Asst. U. S. Atty., San Diego, Cal., for the United States in No. 71-2258.

David K. Yamakawa, Jr. (argued), San Francisco, Cal., for Darrell Dallas Jones.

Howard Frank, Asst. U. S. Atty. (argued), Harry Steward, U. S. Atty., San Diego, Cal., for the United States in No. 71-2161.

Before CHAMBERS and DUNIWAY, Circuit Judges, and HILL, District Judge.

IRVING HILL, District Judge:

In this case, two separate appellants, Wentz and Jones, appeal their convictions of offenses involving marijuana. The indictment was in five counts. Three defendants were named, the two appellants and one Tejada. All the crimes charged are alleged to have occurred on a single date, i. e., October 19, 1970. In order to deal clearly with the contentions of appellants, it is necessary to summarize each count and the final disposition of each...

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