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UNITED STATES v. ORTIZ

No. 78-2796.

603 F.2d 76 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Augustine Ybarra ORTIZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 14, 1979.

Attorney(s) appearing for the Case

John William Lovell, Gaynes, Lovell & Rockafellow, P. C., Tucson, Ariz., for defendant-appellant.

Stephen M. Dichter, Asst. U. S. Atty., Tucson, Ariz., Michael D. Hawkins, U. S. Atty., Tucson, Ariz. (argued), for plaintiff-appellee.

Before CARTER and GOODWIN, Circuit Judges, and ROBERT F. PECKHAM, District Judge.

JAMES M. CARTER, Circuit Judge:

Ortiz appeals from a conviction on two counts of an indictment: conspiracy to distribute and to possess with intent to distribute heroin, and knowingly and intentionally possessing heroin with intent to distribute, all in violation of Section 401 of the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 841(a)(1) (1970). Although tried together with other defendants, Ortiz appeals separately for reasons explained...

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