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UNITED STATES v. CARTER

No. 73-1224.

480 F.2d 981 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Peggy Ann CARTER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 2, 1973.

Attorney(s) appearing for the Case

Roger S. Ruffin (argued), Ruffin & Whalen, La Jolla, Cal., for defendant-appellant.

Jim Meyers, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., Shelby R. Gott, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BARNES and WALLACE, Circuit Judges, and WILLIAM M. BYRNE, Sr., District Judge.

WILLIAM M. BYRNE, Sr., District Judge:

Peggy Carter appeals from her conviction for importing both heroin and cocaine [violations of 21 U.S.C. §§ 952, 960, and 963] and possessing such contraband with intent to distribute it [violations of 21 U.S.C. § 841(a) (1)]. Her non-jury trial was conducted on the facts adduced at her unsuccessful pretrial motion to suppress which, by stipulation, were incorporated by reference into the government's case-in-chief...

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