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UNITED STATES v. EWBANK

No. 73-1331.

483 F.2d 1149 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Paul EWBANK, aka "Pablo", Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 3, 1973.

Attorney(s) appearing for the Case

John A. Hoskins (argued), Honolulu, Hawaii, for defendant-appellant.

Thomas P. Young, Asst. U. S. Atty. (argued), Robert K. Kukuda, U. S. Atty., Honolulu, Hawaii, for the plaintiff-appellee.

Before KOELSCH, WRIGHT and TRASK, Circuit Judges.

TRASK, Circuit Judge:

Paul Ewbank, also known as "Pablo", appeals from his conviction by the court, sitting without a jury, of the charge of distributing hashish oil, a controlled substance, in violation of 21 U.S.C. § 841(a) (1). Appellant admitted that he sold two vials of hashish oil on February 16, 1972, to Special Agent Robert Aiu in the presence of an informer, Kerry R. Lee, for $400. He relied upon the defense...

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