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UNITED STATES v. TIRASSO

Nos. 76-1519, 76-1571.

532 F.2d 1298 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Pietro TIRASSO and Tito Lombana-Pineres, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 7, 1976.

Attorney(s) appearing for the Case

Tom O'Toole, Federal Public Defender, Samuel Alba, Asst. Federal Public Defender, Phoenix, Ariz., for Lombana-Pineres.

Joseph B. Swan, Jr., of Swan & Woodford, Tempe, Ariz., for defendants-appellants.

William C. Smitherman, U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before GOODWIN, SNEED and KENNEDY, Circuit Judges.

OPINION AND ORDER

ANTHONY M. KENNEDY, Circuit Judge:

Appellants Tito Lombana-Pineres and Pietro Tirasso were indicted in the Southern District of New York on charges stemming from an alleged attempt to smuggle 20 kilograms of cocaine into the United States from Colombia. They were arrested on November 19, 1975. Subsequently a criminal complaint was issued in the District of Arizona and the New York indictment was dismissed. On January 5, 1976, a magistrate...

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