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UNITED STATES v. GARDNER

No. 72-1509, 72-1510.

475 F.2d 1273 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Rudolph GARDNER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Donald Neal Le BOULANGER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 22, 1973.

Attorney(s) appearing for the Case

Lewis A. Wenzell (argued), Philip DeMassa, of Federal Public Defenders, William J. Zumwalt, San Diego, Cal., for defendant-appellant.

Thomas M. Coffin, Asst. U. S. Atty. (argued), Stephen G. Nelson, Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before HUFSTEDLER and WRIGHT, Circuit Judges, and LUCAS, District Judge.

LUCAS, District Judge:

These appeals are from appellants' respective criminal convictions for violating the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U. S.C. 801 et seq. Appellants were charged in a four-count indictment of conspiring to import nine ounces of heroin, importing nine ounces of heroin, conspiring to possess with the intention of distributing nine ounces of heroin, and possessing with the...

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