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UNITED STATES v. CRUZ

No. 75-2217.

536 F.2d 1264 (1976)

UNITED STATES of America, Appellant, v. Graham Johnny CRUZ, Appellee.

United States Court of Appeals, Ninth Circuit.

June 1, 1976.

Attorney(s) appearing for the Case

Gary K. Green (argued), of Green & Greenman, San Diego, Cal., for appellant.

Harry D. Steward, Atty. (argued), San Diego, Cal., for appellee.

Jeffrey F. Arbetman, Asst. U. S. Atty., argued, Terry J. Knoepp, U. S. Atty., Jeffrey F. Arbetman, Asst. U. S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Before WRIGHT and KILKENNY, Circuit Judges, and CHRISTENSEN, District Judge.

OPINION

KILKENNY, Circuit Judge:

Appellant was indicted, tried by a jury, and convicted of conspiracy in violation of 18 U.S.C. § 371 as charged in Count One and illegal exportation of firearms in violation of 22 U.S.C. § 401 and § 1934 and 18 U.S.C. § 2, as charged in Count Three of the indictment. We affirm.

BACKGROUND

Appellant was the owner of GunCo Enterprises, a merchandising establishment doing business in San...

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