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UNITED STATES v. ELLSWORTH

Nos. 72-2735, 72-2992.

481 F.2d 864 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Allen G. ELLSWORTH, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Juan DE LA TORRE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 31, 1973.

Attorney(s) appearing for the Case

S. Thomas Pollack, Deputy Federal Public Defender (argued), Los Angeles, Cal., for Allen G. Ellsworth.

Roger S. Hanson (argued), Beverly Hills, Cal., for Jaun De La Torre.

Mike Kenney, Asst. U.S. Atty. (argued), William D. Keller, U.S. Atty., Leslie E. Osborne, Eric A. Nobles, William R. Hawes, Asst. U.S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH and TRASK, Circuit Judges, and HARRIS, District Judge.

Rehearing Denied in No. 72-2735 July 31, 1973.

GEORGE B. HARRIS, District Judge:

On May 17, 1972, appellants and others were named in a six-count indictment charging conspiracy to distribute a controlled substance and substantive offenses of distribution of a controlled substance. Appellants were each charged in Count I only, the conspiracy count. Following trial by jury, appellants were convicted.

The facts pertinent to these appeals are as follows...

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