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UNITED STATES v. SPANOS

No. 71-2342.

462 F.2d 1012 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Leo SPANOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 21, 1972.

Attorney(s) appearing for the Case

Edward L. Cragen (argued), San Francisco, Cal., for defendant-appellant.

Larry S. Flax, Asst. U. S. Atty. (argued), Eric A. Nobles, Asst. U. S. Atty., William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL, DUNIWAY and KILKENNY, Circuit Judges.

DUNIWAY, Circuit Judge:

Spanos appeals from a judgment of conviction under an indictment charging him with conspiring (18 U.S.C. § 371) with one Godwin and others to violate former 21 U.S.C. § 331(q)(2) and (3), (added by Pub.L. 89-74, § 5, 79 Stat. 226, 232, repealed by Pub.L. 91-513, § 701(a), 84 Stat. 1236, 1281) which prohibited sale and possession of certain stimulant drugs (21 U.S.C. § 511(b) and (c) as they read prior to their repeal...

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