Nos. 77-2611, 77-2612.

587 F.2d 956 (1978)

UNITED STATES of America, Appellee, v. David S. KING, Appellant. UNITED STATES of America, Appellee, v. Stanley E. DEAL, M. D., Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied December 14, 1978.

Attorney(s) appearing for the Case

R. Allen Beck (argued), of Moses, Tolliver & Wright, Billings, Mont., W. Randell Mainor (argued), Las Vegas, Nev., for appellant.

Helena S. Maclay, Asst. U. S. Atty. (argued), Billings, Mont., for appellee.

Before ELY and CHOY, Circuit Judges, and HALL, District Judge.

Rehearing and Rehearing En Banc Denied December 14, 1978.

ELY, Circuit Judge:

In a jury trial appellants King and Deal were convicted of conspiracy to possess cocaine with intent to distribute it. 21 U.S.C. § 846 (1976). The indictment charged seven persons. Three defendants, including one Shaw, pleaded guilty. Charges against another defendant were dismissed. The jury acquitted a remaining defendant named Bresnahan but convicted King and Deal.


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