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UNITED STATES v. BERNARD

No. 78-3033.

623 F.2d 551 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Howard Dale BERNARD, Gordon Rae Childress, Sammy Brice Brock, Roger Lee Bard, Russell Richard Cochran, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 28, 1979.

Revised April 28, 1980.

Attorney(s) appearing for the Case

Walter E. Schroeder, Crim. Div., Washington, D.C., for plaintiff-appellant.

John S. Ransom, Portland, Or. (argued), for defendant-appellees; Michael R. Shinn, Frank Noonan, and Gerald R. Pullen, Portland, Or., on brief.

Before KILKENNY and ANDERSON, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

The defendants-appellees are charged with conspiracy to manufacture methamphetamine, a controlled substance, in violation of 21 U.S.C. §§ 812, 841(a)(1) and 846, and with two substantive counts relating to the manufacture and possession of methamphetamine, in violation of 21 U.S.C. §§ 812 and 841(a)(1) and 18 U.S.C. § 2. The Government, pursuant to 18 U.S.C. § 3731, has appealed from an order of the district court...

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