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UNITED STATES v. TESTA

Nos. 75-3316 and 75-3792.

548 F.2d 847 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. James Joseph TESTA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Edward EPSTEIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 22, 1977.

Attorney(s) appearing for the Case

Ernest Y. Yamane, Bicoy & Yamane, Honolulu, Hawaii, for Testa.

William J. Eggers, III, Asst. U. S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Burton Marks, Beverly Hills, Cal., for Epstein.

Before ELY and TRASK, Circuit Judges, and ORRICK, District Judge.

OPINION

ORRICK, District Judge:

James Joseph Testa and Edward Epstein appeal from their convictions, after a jury trial, for conspiracy with intent to distribute seven kilograms of heroin in return for $100,000 tribute money for assistance and protection in the transaction in violation of 21 U.S.C. § 846, and for knowing and intentional distribution of one kilogram of heroin in violation of 21 U.S.C. § 841(a)(1). The six co-defendants with whom...

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