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UNITED STATES v. CECIL

Nos. 78-2797, 78-3150 and 78-3154.

608 F.2d 1294 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Dan Felix CECIL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Lynn Richard JOHNSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Randy Darrell THOMAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 27, 1979.

Attorney(s) appearing for the Case

David S. Hoffman, Hoffman, Anderson & Brown, Tucson, Ariz., William J. Friedl, Bendalin, Galasky & Friedl, Phoenix, Ariz., for defendants-appellants.

Rhonda L. Repp, Asst. U. S. Atty., Tucson, Ariz., argued, for plaintiff-appellee; Jon R. Cooper, Asst. U. S. Atty., Tucson, Ariz., on brief.

Before HUFSTEDLER and CHOY, Circuit Judges, and WOLLENBERG, District Judge.

PER CURIAM:

Appellants Cecil, Johnson, and Thomas challenge the validity of their criminal convictions. They allege that the insufficiency of the underlying Grand Jury indictment and other problems at their trial not pertinent to this decision require the reversal of their conviction. We reverse due to the insufficiency of the indictment.

On May 23, 1978, the Grand Jury charged defendants and others with conspiring to commit offenses in violation of certain...

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