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UNITED STATES v. MARTINEZ

Nos. 75-2913, 75-2912.

536 F.2d 886 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip MARTINEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Michael OLMO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 7, 1976.

Attorney(s) appearing for the Case

Robert D. Ward, Asst. U. S. Atty. (argued), San Francisco, Cal., for plaintiff-appellee.

Frank Ubhaus (argued), of Humphreys, Berger & Pitto, San Jose, Cal., for defendants-appellants.

Before BROWNING and ELY, Circuit Judges, and EAST, District Judge.

OPINION

EAST, Senior District Judge:

The defendants-appellants Phillip Martinez (Martinez) and Michael Olmo (Olmo) each appeal from their separate judgments of conviction and sentences to life imprisonment entered by the District Court on August 7, 1975. We affirm.

Martinez and Olmo were each 17 years of age at the time they were indicted for the alleged crime of murder in the first degree in violation of 18 U.S.C. § 1111, and were tried to...

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