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UNITED STATES v. WILLIAMS

No. 75-1566.

536 F.2d 810 (1976)

UNITED STATES of America, Appellee, v. Charles Raymond WILLIAMS, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied March 29, 1976.

Attorney(s) appearing for the Case

Lewis A. Wenzell (argued), Federal Public Defender, San Diego, Cal., for appellant.

James Brannigan, Asst. U. S. Atty. (argued), San Diego, Cal., for appellee.

Before DUNIWAY and ELY, Circuit Judges, and WONG, District Judge.

Rehearing and Rehearing En Banc Denied March 29, 1976.

OPINION

ELY, Circuit Judge:

Appellant was tried with two co-defendants on a charge of conspiring to import and distribute marihuana in violation of 21 U.S.C. Sec. 846 and 963. The jury failed to reach a verdict, and a mistrial was declared. Thereafter, appellant waived another jury trial and was convicted by the judge on the basis of the evidence adduced at the previous jury trial. He was sentenced...

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