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UNITED STATES v. EPPERSON

Nos. 73-1609-73-1612.

485 F.2d 514 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. James William EPPERSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Harold Gene EASLEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Donald D. WARREN, aka Robert Cox, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Harold Don CLABORN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 21, 1973.

Attorney(s) appearing for the Case

Lawrence Turoff (argued), Scottsdale, Ariz., for appellants.

Daniel Knauss, Asst. U. S. Atty. (argued), William C. Smitherman, U. S. Atty., Phoenix, Ariz., for appellee.

Before MERRILL and WALLACE, Circuit Judges, and CONTI, District Judge.

WALLACE, Circuit Judge:

A jury found Warren and Claborn guilty of one count of marijuana possession with intent to distribute and aiding and abetting to do so and a second count based upon conspiracy. Epperson and Easley were found guilty only of the possession and aiding and abetting count.

Appellants raise two issues on this appeal: first, that the evidence was insufficient to sustain the convictions; and second...

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