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UNITED STATES v. MONTGOMERY

No. 78-1952.

620 F.2d 753 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. John Parker MONTGOMERY III, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 7, 1980.

Rehearing Denied June 27, 1980.

Attorney(s) appearing for the Case

Margo J. McCormick, Asst. U. S. Atty., Albuquerque, N. M. (R. E. Thompson, U. S. Atty., and David N. Williams, Asst. U. S. Atty., Albuquerque, N. M., with her, on brief), for plaintiff-appellee.

Daniel C. Hale, Boulder, Colo., for defendant-appellant.

Before McWILLIAMS, DOYLE and McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The defendant-appellant Montgomery, together with others who are not present before this court, was charged with possession with intent to distribute a quantity of marijuana in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, and importation of marijuana in violation of 21 U.S.C. § 952(a) and § 960(a)(1). The case was tried to the court, the Honorable H. Vearle Payne, Judge, presiding. All of the defendants...

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