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UNITED STATES v. MARSHALL

Nos. 72-3195, 72-3185 and 72-3186.

488 F.2d 1169 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Robert MARSHALL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Dennis EISCHEN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ronald Lee MORGAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended and Rehearing Denied February 1, 1974.

Attorney(s) appearing for the Case

Robert H. Lund (argued), Long Beach, Cal., for defendants-appellants Eischen and Morgan.

Major A. Langer (argued), of Demler, Perona, Langer & Bergkvist, Long Beach, Cal., for defendant-appellant Marshall.

Gregory C. Glynn, Asst. U. S. Atty. (argued), William D. Keller, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before DUNIWAY and ELY, Circuit Judges, and BURNS, District Judge.

As Amended and Rehearing Denied in No. 72-3195. February 1, 1974.

OPINION

DUNIWAY, Circuit Judge:

The appealing defendants were tried, together with one Burkle, under an indictment charging them as follows: Count One, conspiring to distribute a quantity of amphetamine tablets in violation of 21 U.S.C. § 841(a)(1); count Two, possessing amphetamine tablets with intent to distribute, in violation of the same section; count Three, appellant Morgan...

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