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UNITED STATES v. MARTINEZ

No. 73-2239.

488 F.2d 1088 (1973)

UNITED STATES of America, Appellee, v. Joseph Henry MARTINEZ, Appellant.

United States Court of Appeals, Ninth Circuit.

November 30, 1973.

Attorney(s) appearing for the Case

Kenneth Stahl, San Francisco, Cal., for appellant.

John Cooney, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before ELY and WRIGHT, Circuit Judges, and JAMESON, District Judge.

OPINION

PER CURIAM:

In a jury trial, Martinez was convicted on all charges of a five-count indictment. The first two counts alleged the distribution of heroin in violation of 21 U.S.C. § 841(a)(1). The third count charged the unlawful use of a communication system in facilitating the distribution of the drug in violation of 21 U.S.C. § 843(b). Count 4 charged possession of heroin with intent to distribute it in violation of 21 U.S.C. § 841...

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