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UNITED STATES v. SCULLY

Nos. 74-2479, 74-2295, 74-1891, 74-1887, 74-1888 and 74-1886.

546 F.2d 255 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Michael SCULLY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Cirilo Mitchell BASAS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert Michael MACEDO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Steven James SANCHEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. George Enos CABRAL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Terrance Eugene MACEDO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied September 7, 1976.

As Amended on Denial of Rehearing October 26, 1976.

Judgment Vacated February 28, 1977.

Attorney(s) appearing for the Case

John C. Emerson, Special Atty. U. S. Dept. of Justice (argued), San Francisco, Cal., for plaintiff-appellee.

Donal D. Cummins (argued), of Cummins, Holmes & O'Day, San Francisco, Cal., for defendant-appellant in Nos. 74-1886 and 74-1887.

Martin D. Lurie (argued), of Hamar & Lurie, San Francisco, Cal., for defendant-appellant in No. 74-1888.

Richard B. Mazer (argued), San Francisco, Cal., for defendant-appellant in No. 74-1891.

Sydney N. Tanner (argued), San Francisco, Cal., for defendant-appellant in No. 74-2295.

Timothy H. Power (argued), San Francisco, Cal., for defendant-appellant in No. 74-2479.

Before MERRILL and TRASK, Circuit Judges, and LUCAS, District Judge.

Rehearings Denied in No. 74-1888 September 7, 1976.

As Amended on Denial of Rehearing En Banc October 26, 1976.

Judgment Vacated February 28, 1977. See 97 S.Ct. 1168.

TRASK, Circuit Judge:

Appellants are six criminal defendants originally indicted along with 18 others for involvement in a heroin distribution ring. Thirteen of the original defendants pleaded guilty; the charges against four were dismissed; one is a fugitive. The remaining six...

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