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UNITED STATES v. JENKINS

Nos. 77-1482 and 77-1483.

567 F.2d 896 (1978)

UNITED STATES of America, Appellee, v. Lynn Charles JENKINS, Appellant. UNITED STATES of America, Appellee, v. Howard Springfield STANLEY, Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied March 1, 1978.

Attorney(s) appearing for the Case

Frank Duncan (appeared), North Hollywood, Cal., for appellant.

Deanne H. Smith (appeared), Los Angeles, Cal., for appellee.

Before ELY and GOODWIN, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM:

Jenkins and Stanley were convicted of possessory and conspiracy offenses involving narcotic drugs. They appeal, challenging two jury instructions. We affirm.

The defendants were arrested in the course of a sale of heroin to an undercover agent. Their principal defense was their story that they believed that the 30 ounces of powder they were delivering in exchange for $24,000 cash was not heroin but a fraudulent...

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