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UNITED STATES v. RUETER

Nos. 75-2900 and 75-2901.

536 F.2d 296 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford L. RUETER and Maurice D. Thoreson, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 24, 1976.

Attorney(s) appearing for the Case

Michael Stepanian, San Francisco, Cal., (argued), for defendants-appellants.

Eb F. Luckel, Asst. U. S. Atty., San Francisco, Cal. (argued), for plaintiff-appellee.

Before CHOY and KENNEDY, Circuit Judges, and WONG, District Judge.

OPINION

CHOY, Circuit Judge:

Rueter and Thoreson were convicted of conspiracy to possess, with intent to distribute, hashish, a controlled substance. Possession with intent to distribute is a crime under 21 U.S.C. § 841(a)(1) and conspiracy to violate a narcotics law is prohibited by 21 U.S.C. § 846.

On appeal they bring "Wharton's Rule," impossibility, and entrapment challenges against their convictions.

We affirm.

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