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UNITED STATES v. SCHMIDT

No. 77-1334.

573 F.2d 1057 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Richard A. SCHMIDT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing and Rehearing April 24, 1978.

Attorney(s) appearing for the Case

Thomas H. S. Brucker, Seattle, Wash., for defendant-appellant.

Donald M. Currie, Asst. U. S. Atty., Tacoma, Wash., for plaintiff-appellee.

Before CARTER and HUFSTEDLER, Circuit Judges, and SMITH, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc April 24, 1978.

JAMES M. CARTER, Circuit Judge:

This is an appeal by Richard A. Schmidt of his conviction under a two count indictment for importation and conspiracy to import cocaine into the United States in violation of 21 U.S.C. §§ 952 and 963, respectively. Schmidt waived his right to a jury and following trial was found by the district judge to be guilty on both counts. He was sentenced...

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