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UNITED STATES v. VIGIL

Nos. 77-1828, 77-2016.

561 F.2d 1316 (1977)

UNITED STATES of America, Appellee, v. Ronnie Alfredo VIGIL, Appellant. UNITED STATES of America, Appellee v. Bennie James BACA, Appellant.

United States Court of Appeals, Ninth Circuit.

September 28, 1977.

Attorney(s) appearing for the Case

Dale Danneman, Asst. U. S. Atty., Michael D. Hawkins, U. S. Atty., Tucson, Ariz., argued for appellant.

Bernardo P. Velasco, Asst. Federal Public Defender, Tucson, Ariz., argued for appellee.

Before MERRILL and GOODWIN, Circuit Judges, and NIELSEN, District Judge.

PER CURIAM:

Ronnie Vigil and Bennie Baca were indicted for importing heroin from Mexico and for knowingly and intentionally possessing heroin with intent to distribute. The jury found them not guilty of importation but found Vigil guilty of possession with intent to distribute and Baca guilty of the lesser included offense of simple possession. On appeal each challenges the trial court's denial of Baca's motion for a severed trial. Both also assert that prejudice...

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