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UNITED STATES v. MARTINEZ-VILLANUEVA

No. 71-2133.

463 F.2d 1336 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Pete MARTINEZ-VILLANUEVA and George Callahan, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied October 16, 1972.

Attorney(s) appearing for the Case

Louis H. Bernstein (argued), Beverly Hills, Cal.; Burton Marks, of Marks, Sherman, Schwartz & Levenberg, Beverly Hills, Cal., for appellants.

Earl E. Boyd, Asst. U. S. Atty. (argued), Eric A. Nobles, Elgin C. Edwards, Asst. U. S. Attys., William D. Keller, U. S. Atty., Los Angeles, Cal., for appellee.

Before BROWNING and DUNIWAY, Circuit Judges, and ANDERSON, District Judge.

Certiorari Denied October 16, 1972. See 93 S.Ct. 236.

PER CURIAM.

Appellants Pete Martinez-Villanueva and George Callahan were convicted, after a jury trial, with having received, concealed and sold heroin without first obtaining written order forms from the Secretary of the Treasury in violation of 21 U.S.C.A. § 174 and 26 U.S.C.A. § 4705 (a).

Appellants' contentions regarding failure of proof that they had sufficient control over the heroin...

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