UNITED STATES v. BUSBY

Nos. 73-1537, 73-1538.

484 F.2d 994 (1973)

UNITED STATES of America, Appellee, v. Richard Louis BUSBY, Appellant. UNITED STATES of America, Appellee, v. Susan Marie LENZE, Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended On Denial of Rehearing October 24, 1973.


Attorney(s) appearing for the Case

Barbara Durham (argued) of Wacker & Durham, Seattle, Wash., for appellant Busby.

Anthony Savage (argued) of Kempton, Savage & Gossard, Seattle, Wash., for appellant Lenze.

Irwin H. Schwartz, Asst. U. S. Atty., (argued), Stan Pitkin, U. S. Atty., Seattle, Wash., for appellee.

Before CHAMBERS, WRIGHT and KILKENNY, Circuit Judges.


OPINION

KILKENNY, Circuit Judge:

Appellant, Richard L. Busby, was convicted by a jury on five counts of an indictment charging: (1) conspiring to traffic in heroin [21 U.S.C. § 174]; (2) conspiring to traffic in heroin [21 U.S.C. § 963]; (3) conspiring to possess and distribute heroin [21 U.S.C. § 846]; (4) importation of heroin [21 U.S.C. §§ 952 and 960(b)(1) and 18 U.S.C. § 2]; and (5) attempted possession with intent to distribute...

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