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SERAPO v. UNITED STATES

No. 78-2939.

595 F.2d 3 (1979)

Leroy SERAPO, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

February 21, 1979.

Attorney(s) appearing for the Case

Donn S. Alpert, Tucson, Ariz., for defendant-appellant.

Rhonda Repp, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before MERRILL and WRIGHT, Circuit Judges, and SWEIGERT, Senior District Judge.

PER CURIAM:

Serapo and 15 codefendants were indicted for conspiracy to import marijuana and conspiracy to distribute it. A superseding indictment charged him as an accessory to the use of a telephone to facilitate a conspiracy to distribute marijuana. He pleaded guilty to that charge and the earlier indictment was dismissed.

At sentencing the district judge provided an opportunity to comment on the presentence report which described the smuggling operations...

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