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UNITED STATES v. PETERSON

Nos. 76-1438 and 76-1449.

549 F.2d 654 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence Richard PETERSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Donald Wayne PAYNE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 3, 1977.

Attorney(s) appearing for the Case

Victor Sherman, Beverly Hills, Cal., argued, for defendant-appellant in 76-1438.

Raymond D. Pike, Asst. U.S. Atty., Reno, Nev., argued, for plaintiff-appellee.

Penelope M. Cooper, Berkeley, Cal., argued, for defendant-appellant, in 76-1449.

Before BROWNING, WRIGHT and CHOY, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

Peterson and Payne appeal from convictions of conspiracy to import and distribute marijuana. The indictment charged that they and three others were involved in a criminal conspiracy between February 1975 and the time of their arrests in September 1975. A subsequent information in October 1975 alleged that Peterson previously was convicted of a felony relating to marijuana.

Five issues are raised:

1...

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