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UNITED STATES v. CHAVEZ

No. 72-2240.

478 F.2d 512 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Umberto Jose CHAVEZ et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

February 28, 1973.

Attorney(s) appearing for the Case

John J. Robinson, Atty. (argued), Dept. of Justice, Washington, D. C., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellant.

William L. Osterhoudt (argued), Andre T. Laborde, Peter G. Keane, San Francisco, Cal., James Giller, Oakland, Cal., Jerald H. Wilhelm, Newark, Cal., Earle A. Partington, Deputy Federal Public Defender, San Francisco, Cal., Clinton White, J. Bradley Klemm, Murray Petersen, Claude Allen, Oakland, Cal., Paul Alvarado, San Francisco, Cal., for defendants-appellees.

Before BARNES, BROWNING, and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

This case is in most respects similar to United States v. King, 9 Cir., 1973, 478 F.2d 516, decided today. However, it differs in one important respect.

Umberto Chavez, James Fernandez, and ten others were indicted for conspiring to import and distribute heroin in the United States, a violation of 21 U.S.C. §§ 173, 174. Chavez and Fernandez were also charged with various activities...

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