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UNITED STATES v. NOAH

Nos. 72-1807 to 72-1810, 72-1865.

475 F.2d 688 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Leon Dudley NOAH, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Richard R. STUART, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Willie WILLINGHAM and Abraham Griffin, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Virgil METCALF, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Humphrey ROSS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 25, 1973.

Attorney(s) appearing for the Case

Wesley G. Hohlbein (argued), Seattle, Wash., Jack Steinberg (argued), Seattle, Wash., Murray Guterson (argued), Seattle, Wash., Robert C. Mussehl (argued), Seattle, Wash., Arthur Sherman (argued), Marks, Sherman & Schwartz, Beverly Hills, Cal., B. Gray Warner, Warner, Pierce & Peden, Seattle, Wash., for defendants-appellants.

Charles Pinnell, Asst. U. S. Atty. (argued), Tom Russell, Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before BARNES and CHOY, Circuit Judges, and JAMESON, District Judge.

CHOY, Circuit Judge:

Appellants were indicted on 18 counts1 for trafficking in heroin and cocaine and conspiring to do so. Two of the counts were for possession of narcotics with intent to distribute, based on the seizure of narcotics from the residence of two of the appellants. The other fourteen substantive counts were for twelve sales by various members of the conspiracy to a government undercover agent.2

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