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UNITED STATES v. PORTILLO

Nos. 72-1141, 72-1142 and 72-2104.

469 F.2d 907 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel Ray PORTILLO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Rocky Albert RUELAS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Gilbert Adolph PORTILLO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 22, 1972.

Attorney(s) appearing for the Case

Michael A. Lacagnina (argued), Albert D. Noe, of Bilby, Thompson, Shoenhair & Warnock, Tucson, Ariz., W. Edward Morgan (argued), Jack I. Redhair, of Chandler, Tullar, Udall & Richmond, Tucson, Ariz., for defendants-appellants.

David Hoffman, Asst. U. S. Atty. (argued), Stephen McNamee, Asst. U. S. Atty., Wm. C. Smitherman, U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before BARNES, DUNIWAY and TRASK, Circuit Judges.

TRASK, Circuit Judge:

We consider three separate appeals arising from the same set of facts, each from convictions of narcotic and marijuana violations under 21 U.S.C. § 841 (a)(1). The district court had jurisdiction under 18 U.S.C. § 3231. Rocky Ruelas was found guilty by the court on evidence adduced on a motion to suppress which was stipulated to be controlling. Samuel Portillo was found guilty in a jury trial and Gilbert in a trial to the court.

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