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UNITED STATES v. MACK

No. 73-1827.

494 F.2d 1204 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Lee MACK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 29, 1974.

Attorney(s) appearing for the Case

Gary S. Goodpaster (argued), Robert W. Ripley, Jr., Federal Defenders, San Diego, Inc., San Diego, Cal., for defendant-appellant.

Jeffrey F. Arbetman, Asst. U.S. Atty. (argued), Harry D. Steward, U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and LYDICK, District Judge.

OPINION

KOELSCH, Circuit Judge:

Defendant Mack appeals from the denial of his motion, pursuant to Rule 35, Fed.R.Crim.P., to correct sentence.

The relevant facts are these: In March, 1972, defendant was indicted for conspiracy to possess with intent to distribute (Count 1) and possessing with intent to distribute (Count 2) amphetamine sulphate tablets in violation of 21 U.S.C. §§ 846 and 841(a)(1). On May 16, 1972, he was arraigned for...

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