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UNITED STATES v. BROWN

Nos. 76-2925, 76-2933 and 77-2094, 76-2931 and 77-2101, 76-2930, 76-2932.

562 F.2d 1144 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Howard BROWN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Frances NICKEL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert "Larry" MAYES, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles MARTS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles McEVOY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Amended November 4, 1977.

Rehearing Denied January 9, 1978.

As Amended January 6, 1978.

Attorney(s) appearing for the Case

David F. Stobaugh and James L. Vonasch, Seattle, Wash., argued for defendants-appellants.

Donald M. Currie, Asst. U. S. Atty., Seattle, Wash., argued for plaintiff-appellee.

Before CARTER and CHOY, Circuit Judges, and HOFFMAN, District Judge.

JAMES M. CARTER, Circuit Judge:

This is an appeal by five defendants of their convictions by a jury for conspiracy to distribute and possession with intent to distribute a controlled substance (heroin), in violation of 21 U.S.C. §§ 841(a)(1) and 846. Nickel and Mayes also separately appeal from the denial of their motions for a new trial.

Appellants argue that the trial court erred in permitting the jury to consider evidence of a dismissed possession...

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