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UNITED STATES v. FULTON

No. 76-1690.

549 F.2d 1325 (1977)

UNITED STATES of America, Appellee, v. Melvin FULTON, Appellant.

United States Court of Appeals, Ninth Circuit.

March 8, 1977.

Attorney(s) appearing for the Case

Philip A. DeMassa, San Diego, Cal., argued, for appellant.

Terry J. Knoepp, U.S. Atty., John P. Boyl, Asst. U.S. Atty., argued, San Diego, Cal., for plaintiff-appellee; John P. Boyl, Asst. U.S. Atty., San Diego, Cal., on the brief.

Before ELY and ANDERSON, Circuit Judges, and SOLOMON, District Judge.

OPINION

ELY, Circuit Judge:

Fulton was convicted in a jury trial of one count of conspiracy to import heroin and of one count of the importation of heroin. 21 U.S.C. §§ 952, 960, 963. The District Court sentenced the defendant to the custody of the Attorney General for two ten year terms of confinement, the sentences to run concurrently. We affirm.

In the early morning of October 16, 1975, Jose Cruz Torres-Vasquez ("Torres") approached...

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