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UNITED STATES v. PHELPS

No. 73-1260.

490 F.2d 644 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Marion Bruce PHELPS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 11, 1974.

Attorney(s) appearing for the Case

Philip Scott Ryan (Argued), J. C. Brittain (Argued), of Ryan & Wilridge, San Francisco, Cal., for defendant-appellant.

James L. Browning, Jr., U. S. Atty., John Milano, Dennis M. Nerney, Asst. U. S. Attys., (Argued), San Francisco, Cal., for plaintiff-appellee.

Before GOODWIN and WALLACE, Circuit Judges, and KELLEHER, District Judge.

KELLEHER, District Judge:

Appellant and six others were charged in an eight count indictment with conspiracy to manufacture and distribute controlled substances, in violation of 21 U.S.C. §§ 841, 844 and 846. Appellant was named in four counts: in count two he was charged with the sale of phencyclidine hydrochloride (PCP), a proscribed substance; in count three he was charged with a further and separate sale thereof on a later date; in count four he was...

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