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UNITED STATES v. FREIE

Nos. 75-3719, 75-3736, 75-3798 and 75-3799.

545 F.2d 1217 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Lee FREIE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles Randolph JOUBIN aka Thomas McLaughlin, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ramesh GANGADEAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Richard Edward GORMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 10, 1976.

Attorney(s) appearing for the Case

Stephen H. Scott (argued), Scott & Novak, Phoenix, Ariz., for defendant-appellant in 75-3719.

Brice E. Buehler, Phoenix, Ariz., for defendant-appellant in 75-3736.

Craig Mehrens (argued), Mehrens & Pearce, Phoenix, Ariz., for defendant-appellant in 75-3798.

Ron Minkin, Los Angeles, Cal., for defendant-appellant in 75-3799.

Daniel R. Drake, Asst. U.S. Atty. (argued), Phoenix, Ariz., for plaintiff-appellee.

Before ELY and GOODWIN, Circuit Judges, and THOMPSON, District Judge.

PER CURIAM.

FACTS:

Appellants, Freie, McLaughlin (later identified as Joubin), Gangadean, and Gorman, along with co-defendant Schatzberg, were indicted for conspiracy to possess marijuana with intent to distribute. 21 U.S.C. § 841(a)(1) and (b). Freie, McLaughlin (Joubin), Gangadean, and Gorman were convicted on that count and appeal. Schatzberg was acquitted. McLaughlin (Joubin) alone was also indicted for assaulting a federal officer with a dangerous...

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