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UNITED STATES v. VARGAS-MARTINEZ

Nos. 77-1392 and 77-1403.

569 F.2d 1102 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Victor VARGAS-MARTINEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jose ARROYO-AYALA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 21, 1978.

Attorney(s) appearing for the Case

Wallace B. Farrell, of Farrell & Kennedy, San Bernardino, Cal., John Y. Tremblatt (argued), of Tremblatt & Greenberg, San Diego, Cal., for defendants-appellants.

Douglas G. Hendricks, Asst. U. S. Atty., on the brief, Terry J. Knoepp, U. S. Atty., Douglas G. Hendricks, Asst. U. S. Atty., argued, San Diego, Cal., for plaintiff-appellee.

Before GOODWIN and KENNEDY, Circuit Judges, and SPENCER WILLIAMS, District Judge.

Appellants Vargas-Martinez and Arroyo-Ayala seek to reverse convictions for conspiracy to possess with intent to distribute a controlled substance in violation of 21 U.S.C. §§ 841(a)(1) and 846. Arroyo-Ayala also appeals from a conviction of conspiracy to import a controlled substance in violation of 21 U.S.C. §§ 952, 960 and 963.

Arroyo-Ayala asserts constitutional error based on deprivation of his Sixth...

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