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UNITED STATES v. MILLER

No. 76-1631.

546 F.2d 320 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Eugene MILLER, a/k/a "Red" Miller, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 29, 1976.

Attorney(s) appearing for the Case

Martha Goldin (argued), of Goldin & Goldin, Hollywood, Cal., for defendant-appellant.

Stephen V. Petix, Asst. U. S. Atty. on the brief, Terry J. Knoepp, U. S. Atty., Stephen V. Petix, Asst. U. S. Atty., argued, San Diego, Cal., for plaintiff-appellee.

Before BROWNING and ANDERSON, Circuit Judges, and PALMIERI, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

On May 22, 1975, a five-count indictment charging defendant Walter Eugene Miller (hereinafter Miller) with various narcotics offenses was returned by the Grand Jury for the Southern District of California. Count I alleged that Miller and co-indicted Ray Chandler Channell, together with unindicted co-conspirator and accomplice David Wells Stutler (hereinafter Stutler), conspired to import marijuana into the United States from Mexico...

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