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UNITED STATES v. CULLEN

No. 73-1323.

499 F.2d 545 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Larry H. CULLEN, III, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 28, 1974.

Attorney(s) appearing for the Case

James R. Moore, (argued), Gregory J. Hobbs, Jr., (argued), of Cooper, White & Cooper, San Francisco, Cal., for defendant-appellant.

James W. Meyers, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., E. Mac Amos, Jr., Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BARNES and TRASK, Circuit Judges, and KELLEHER, District Judge.

OPINION

KELLEHER, District Judge:

This is an appeal from a judgment of conviction under a single count of conspiracy to import marihuana in violation of 21 U.S.C. § 963, entered after a jury trial.

The four-count indictment charged appellant and four other persons with acts relating to the importation or distribution of controlled substances. At the conclusion of the Government's case in chief, two of the counts were dismissed as against appellant...

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