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UNITED STATES v. CLAY

Nos. 72-1964 and 72-2639.

476 F.2d 1211 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene William CLAY, Defendant-Appellant (two cases).

United States Court of Appeals, Ninth Circuit.

April 2, 1973.

Attorney(s) appearing for the Case

James J. Brown (argued), Las Vegas, Nev., for defendant-appellant.

Alice A. Wright, Asst. U. S. Atty. (argued), William C. Smitherman, U. S. Atty., Patricia Whitehead, Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before BROWNING and CARTER, Circuit Judges, and JAMESON, District Judge.

JAMES M. CARTER, Circuit Judge:

Clay was convicted by a jury and sentenced on two counts: (1) aiding and abetting the importation of 100 pounds of marijuana, in violation of 21 U.S.C. §§ 952(a) and 960(a)(1), and (2) possessing the marijuana with intent to distribute the same, in violation of 21 U.S.C. § 841(a)(1).

On appeal from the conviction in No. 72-1964, Clay raises three issues: (1) the sufficiency of the evidence on both counts; (2)...

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