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UNITED STATES v. KEARNEY

Nos. 76-1320, 75-3021.

560 F.2d 1358 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Cleophas James KEARNEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Eugene LEMON, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 22, 1977.

Attorney(s) appearing for the Case

William A. Brockett, argued, of Kipperman, Shawn & Keker, San Francisco, Cal., for defendants-appellants.

Billie A. Rosem, argued, Crim. Div., Dept. of Justice, Washington, D. C., Dennis Michael Nerney, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY, CARTER and CHOY, Circuit Judges.

CHOY, Circuit Judge:

Cleophas James Kearney and Eugene Lemon, Jr. appeal from their convictions for conspiring to illegally import, possess, and distribute a controlled substance, and for unlawfully distributing the same. We affirm.

I. FACTS AND PROCEEDINGS BELOW

Kearney, Lemon, and two co-defendants, Andre Willis King and Fred Neil Powell, were charged in an eight-count indictment with various federal narcotics offenses under 21 U.S.C. §§...

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