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UNITED STATES v. DUNN

Nos. 76-2172, 76-2179, 76-2238, 76-2300 and 76-2429.

564 F.2d 348 (1977)

UNITED STATES of America, Appellee, v. Bruce DUNN, Richard Austin Mandeville, Joseph Harvey Zeligs, Darold Lanier Milligan, Richard Lee Shinafelt, Appellants.

United States Court of Appeals, Ninth Circuit.

As Modified November 16, 1977.

As Amended December 14, 1977.

Attorney(s) appearing for the Case

James M. McCabe (argued), San Diego, Cal., Howard B. Frank (argued), San Diego, Cal., Peter J. Hughes (argued), of Sheela, Lightner, Hughes & Castro, San Diego, Cal., Charles R. Khoury, Jr. (argued), San Diego, Cal., for appellants.

Daniel K. Green, Asst. U. S. Atty., Terry J. Knoepp, U. S. Atty., Shelby R. Gott, and Stephen V. Pefix (argued), on the brief, Asst. U. S. Attys., San Diego, Cal., for appellee.

Before BROWNING and ELY, Circuit Judges, and EAST, Senior District Judge.

ELY, Circuit Judge:

Appellants Dunn, Mandeville, Zeligs, Milligan, Shinafelt, and others not parties to this appeal, were indicted on four counts of conspiracy and attempt in respect to possession, importation, and intended distribution of hashish, violations of 21 U.S.C. §§ 841(a)(1), 846, 952, 960 and 963. Following a three-week trial and almost two weeks of deliberation, the jury found Zeligs, Shinafelt, Dunn and Milligan guilty on all four counts. Mandeville...

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