No. 73-1501.

485 F.2d 272 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Victor G. POMEROY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing November 8, 1973.

Attorney(s) appearing for the Case

Richard M. Botteri (argued), Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for defendant-appellant.

D. Richard Hammersley, Asst. U. S. Atty. (argued), Sidney I. Lezak, U. S. Atty., Portland, Or., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and RENFREW, District Judge.

CHOY, Circuit Judge:

Victor G. Pomeroy was convicted after a jury trial, at which he defended himself, of two counts of knowingly and intentionally distributing and aiding and abetting the distribution of heroin in violation of 21 U.S.C. § 841(a) (1) and 18 U.S.C. § 2. He was sentenced to two five-year terms of imprisonment to run concurrently. We affirm.

Pomeroy's bail had initially been set at $20,000. Six days prior to trial, Pomeroy's attorney...

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