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UNITED STATES v. RAMIREZ

Nos. 72-2424, 72-2433.

480 F.2d 76 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Roy M. RAMIREZ, Defendant-Appellant, UNITED STATES of America, Plaintiff-Appellee, v. George BALLAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied July 9, 1973.

Attorney(s) appearing for the Case

Clark A. Miller (argued), Richard A. Hodge, San Francisco, Cal., for defendant-appellant Ballan.

Michael R. Hallinan (argued), and Michael H. Metzger, of Fisher, Krieger & Metzger, San Francisco, Cal., for defendant-appellant Ramirez.

James W. Brannigan, Jr. (argued), Crim. Div., Dept. of Narcotics and Dangerous Drugs, SW Unit, San Diego, Cal., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., William C. Smitherman, U. S. Atty., Phoenix, Ariz., Elizabeth Meyer, Atty., Dept. of Justice, San Diego, Cal., of Counsel, for plaintiff-appellee.

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and ANDERSON, District Judge.

PER CURIAM:

In a single count indictment returned September 16, 1971, appellants Ballan and Ramirez and sixteen others were charged with conspiracy to import, receive, conceal and transport marijuana in violation of 21 U.S.C. § 176a. Defendants were found guilty by a jury on June 19, 1972, and sentence was pronounced the next morning, June 20, 1972. Ramirez received a sentence of seven years and a fine of $15,000.00. Ballan was sentenced for five years and a...

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