UNITED STATES v. BAILEY

Nos. 78-1623, 78-1625 and 78-1682.

607 F.2d 237 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Otha C. BAILEY, Sr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Major MOSS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jimmie Lee WHITNEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 9, 1979.


Attorney(s) appearing for the Case

John M. Darrah, Seattle, Wash., J. Hartly Newsum, Nuxoll & Newsum, Bellevue, Wash. (argued), Francis J. Diskin, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Daniel H. Smith, Smith, Kaplan & Whithey, Seattle, Wash., for defendants-appellants.

Before DUNIWAY and ELY, Circuit Judges, and FITZGERALD, District Judge.


Rehearing Denied in Nos. 78-1623 and 78-1682 November 9, 1979.

FITZGERALD, District Judge:

Otha C. Bailey, Sr., Jimmie Lee Whitney, and Major Moss appeal from judgments of conviction following a jury trial with six co-defendants, not parties to this appeal. The jury found Bailey, Whitney, Moss and four other defendants1 guilty of conspiracy to possess with intent to distribute heroin and cocaine.2 In...

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