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UNITED STATES v. STONE

Nos. 78-2882, 78-2838.

633 F.2d 1272 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Donald STONE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Philip WERBER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 13, 1980.

Attorney(s) appearing for the Case

Gary Schneider, Special Atty., Dept. of Justice, Washington, D.C., argued for plaintiff-appellee; David B. Orlean, Sp. Atty., Dept. of Justice, Washington, D.C., Andrea Sheridan Ordin, U.S. Atty., Los Angeles, Cal., on the brief.

Jan Lawrence, Handzlik, Stilz, Boyd & Levine, Los Angeles, Cal., for defendant-appellant Donald Stone.

Michael Pancer, San Diego, Cal., for defendant-appellant Philip Werber.

Before WALLACE and TANG, Circuit Judges, and TURRENTINE, District Judge.

TANG, Circuit Judge.

In these consolidated appeals, Philip Werber and Donald Stone challenge their convictions involving a conspiracy to manufacture and distribute the controlled substance phencyclidine (PCP). They argue primarily that the Government's abuse of the grand jury process required dismissal of their indictments. We disagree and affirm the convictions, although we remand Stone's case for resentencing.

In November 1977 Stone and Werber were charged...

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