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UNITED STATES v. VASQUEZ

Nos. 71-2102, 71-2106.

460 F.2d 202 (1972)

UNITED STATES of America, Appellee, v. Alcibiades Garcia VASQUEZ, Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing May 25, 1972.

Attorney(s) appearing for the Case

Wallace E. Wolfe (argued), San Diego, Cal., for appellant.

Brian E. Michaels, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., Stephen G. Nelson, Acting Chief, Crim. Div., San Diego, Cal., for appellee.

Before MERRILL and KILKENNY, Circuit Judges, and LYDICK, District Judge.

KILKENNY, Circuit Judge:

Appellant was indicted, tried and convicted in a jury trial of violating 21 U.S.C. § 174 [conspiracy to smuggle, sell and conceal narcotic drugs] on one indictment and for violations of 18 U.S.C. § 1952 [using a facility in interstate and foreign commerce to distribute proceeds of an unlawful activity, i. e., trafficking in cocaine] on two counts of a separate indictment. The cases were consolidated for trial.

Inasmuch as...

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