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UNITED STATES v. GREEN

No. 75-1289.

523 F.2d 968 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Lee GREEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 1, 1975.

Attorney(s) appearing for the Case

Raymond C. Youngquist (argued), Pomona, Cal., for defendant-appellant.

Darrell W. MacIntyre, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before ELY and WRIGHT, Circuit Judges, and EAST, Senior District Judge.

OPINION

EAST, Senior District Judge:

Donald Lee Green (Green) appeals his judgment of conviction and sentence to custody for violation of 21 U.S.C. § 846 (conspiracy charge) and 21 U.S.C. § 841(a)(1) (possession of a controlled substance). We affirm.

FACTS

The salient facts are:

On May 15, 1974 and again on the following days, Green telephoned unindicted co-conspirator James Rissmiller...

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