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UNITED STATES v. RETTIG

Nos. 76-1407, 76-1963.

589 F.2d 418 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas RETTIG, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Gary NOWAK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended November 27, 1978.

Rehearing Denied January 25, 1979.

Attorney(s) appearing for the Case

John J. Cleary (argued), San Diego, Cal., Robert C. Moest (argued), Los Angeles, Cal., for defendants-appellants.

Ronald L. Gallant, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS, CUMMINGS and KENNEDY, Circuit Judges.

KENNEDY, Circuit Judge:

Rettig and Nowak appeal from judgments of conviction entered after a jury found them guilty of multiple conspiracies to import cocaine and to possess cocaine with intent to distribute. 21 U.S.C. §§ 841(a)(1), 846, 952, 960, 963. We reverse the convictions of both appellants.

The indictment charged that on several occasions Rettig or Nowak or both went to Lima, Peru, purchased cocaine...

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