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UNITED STATES v. ROSS

Nos. 71-2147, 71-2418 and 71-2420.

464 F.2d 1278 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. William C. ROSS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Terry MALONE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Herman Wade MALONE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 17, 1972.

Attorney(s) appearing for the Case

Ann Warner (argued), of Hurwitz, Marshall & Warner, San Francisco, Cal., Frank M. Ennix, III (argued), Oakland, Cal., for defendants-appellants.

James L. Hazard, Asst. U.S. Atty. (argued), F. Steele Langford, Asst. U.S. Atty., James L. Browning, U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before ELY and GOODWIN, Circuit Judges, and SHARP, District Judge.

PER CURIAM:

Defendants were charged in a ten-count indictment with violations of Title 21 United States Code, Section 174 — Unlawful Sale and Concealment of Heroin and Conspiracy to Sell Heroin.

The ten incidents covered by the indictment occurred over a period of approximately two and one-half months, from January 29, 1970 to April 10, 1970. The indictment was returned on May 27, 1970, and after four agreed continuances, trial commenced on March 15...

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