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UNITED STATES v. MARTIN

Nos. 74-1712, 74-1713.

509 F.2d 1211 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth MARTIN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James E. RATHBUN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied May 12, 1975.

Attorney(s) appearing for the Case

John W. Keker (argued), San Francisco, Cal., for defendants-appellants.

Chester G. Moore, Asst. U. S. Atty. (argued), San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and SMITH, District Judge.

Certiorari Denied May 12, 1975. See 95 S.Ct. 1958.

OPINION

DUNIWAY, Circuit Judge.

Martin was convicted under separate counts charging manufacturing and possessing a controlled substance (methamphetamine) with intent to distribute it, in violation of 21 U.S.C. § 841(a)(1). Rathbun was convicted of possession of heroin, in violation of 21 U.S.C. § 844. We affirm.

1. Statement of Facts.

On September 25, 1973, an employee...

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