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UNITED STATES v. AZHOCAR

Nos. 76-3737, 77-3187.

581 F.2d 735 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred Esteban AZHOCAR, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alfred Esteban AZHOCAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing and Rehearing September 6, 1978.

Attorney(s) appearing for the Case

John J. McCabe, Jr., of Mitchell, Schmidt, D'Amico, McCabe & Stutz, San Diego, Cal., for defendant-appellant.

Stephen G. Nelson, Asst. U. S. Atty., (on the brief), Terry J. Knoepp, U. S. Atty., Stephen G. Nelson, Asst. U.S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS and CHOY, Circuit Judges, and FERGUSON, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc September 6, 1978.

CHOY, Circuit Judge:

In the first part of a bifurcated trial, a jury convicted Alfred Esteban Azhocar of conspiracy to import heroin and cocaine, a violation of 21 U.S.C. § 841, and of possession of cocaine with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). Later, in a jury-waived trial using the evidence adduced at the preceding trial, he was found guilty of...

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