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UNITED STATES v. VALENCIA

No. 73-1653.

492 F.2d 1071 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Armando Martinez VALENCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 1, 1974.

Attorney(s) appearing for the Case

Leon Thikoll, Thikoll & Johnston, Tucson, Ariz. (argued), for defendant-appellant.

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

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

OPINION

MERRILL, Circuit Judge:

Appellant has been convicted of importation of narcotics and of conspiracy to import narcotics. He has received consecutive sentences. The principal question upon appeal is whether the two offenses were identical, with the result that appellant has twice been placed in jeopardy, receiving consecutive sentences for identical offenses.

Count I of the indictment read:

...

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