UNITED STATES v. OGDEN

No. 73-1041.

485 F.2d 536 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. David Douglas OGDEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing November 27, 1973.


Attorney(s) appearing for the Case

John J. Cleary (argued), Matthew N. Lees, Federal Defenders of San Diego, San Diego, Cal., for defendant-appellant.

William A. Bower, Asst. U. S. Atty. (argued), Harry D. Stewart, U. S. Atty., Stephen G. Nelson, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS and CHOY, Circuit Judges, and SWEIGERT, District Judge.


CHOY, Circuit Judge:

David Ogden was convicted after a nonjury trial of conspiracy to possess and possession with intent to distribute forty-six pounds of marijuana in violation of 21 U.S.C. §§ 841(a) (1), 846. He was sentenced to two five-year terms of imprisonment to run concurrently. We affirm.

Ogden and his wife, Theresa Ann, approached the United Airline ticket counter at the San Diego airport on September 27, 1972 at approximately 1:30 p. m...

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