UNITED STATES v. FLUKER

Nos. 76-1177, 75-3510 and 75-3447.

543 F.2d 709 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Franklin FLUKER et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 29 and November 22, 1976.


Attorney(s) appearing for the Case

James D. Gilmore, Anchorage, Alaska, for defendant-appellant in No. 75-3447.

Bruce A. Bookman (argued), Anchorage, Alaska, for defendant-appellant in No. 75-3510.

Vincent Vitale (argued), Anchorage, Alaska, for defendant-appellant in No. 76-1177.

John D. Roberts, Asst. U.S. Atty. (argued), Anchorage, Alaska, for plaintiff-appellee.

Before TUTTLE, HUFSTEDLER and GOODWIN, Circuit Judges.


TUTTLE, Circuit Judge:

John B. Foster, Earl Fluker and Willard Young appeal from convictions stemming from violations of 21 U.S.C. §§ 841(a)(1), 844(a), and 846. Appellants Young and Fluker were found guilty by a jury of possession and of conspiracy to possess with intent to distribute various controlled substances, including heroin. Fluker was also convicted of possession of marijuana, a misdemeanor. Appellant Foster was acquitted of the substantive possession...

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