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UNITED STATES v. GAY

Nos. 76-2692, 76-2380.

567 F.2d 916 (1978)

UNITED STATES of America, Appellee, v. Eddie Roy GAY, Appellant. UNITED STATES of America, Appellee, v. Sammie Jud DIXON, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 6, 1978.

Attorney(s) appearing for the Case

Benjamin Wyatt, Jr. (argued), Beverly Hills, Cal., for appellant.

Mark H. Bonner, Asst. U. S. Atty. (argued), Los Angeles, Cal., for appellee.

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

ELY, Circuit Judge:

Appellants Dixon and Gay, together with co-defendant Lonzo L. Harris, not a party to these appeals, were charged in a three-count indictment with conspiring to violate and violating laws regulating Schedule I substances. 21 U.S.C. §§ 846, 841(a)(1), and 18 U.S.C. § 2. Count I charged all three defendants with conspiracy to possess heroin with intent to distribute it. Count II charged Dixon and Harris with possession of heroin with...

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