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UNITED STATES v. FREEMAN

Nos. 79-1587, 79-1588.

634 F.2d 1267 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Ray FREEMAN, Sr. and Harry Van Ausdall, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided November 10, 1980.

Rehearing Denied January 5, 1981.

Attorney(s) appearing for the Case

Richard J. Smith, Albuquerque, N.M. (R. E. Thompson, U. S. Atty., Margo J. McCormick, Asst. U. S. Atty., Albuquerque, N.M., with him on brief), for plaintiff-appellee.

William S. Dixon, Albuquerque, N.M. (Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, N.M., on briefs), for defendant-appellant, Ray Freeman, Sr.

Michael A. Williams (Craig R. Maginness, Denver, Colo., with him on briefs), for defendant-appellant, Harry Van Ausdall.

Before McWILLIAMS, BREITENSTEIN and McKAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

An indictment charged defendants-appellants Freeman and Van Ausdall, and three others, with conspiracy to import marijuana in violation of 21 U.S.C. §§ 846 and 963. The jury found Freeman and Van Ausdall guilty, and they appeal. We reverse because of the presence of persons, other than jurors, in the jury room during its deliberations.

New Mexico police officer Chappel learned, through an informant, of Freeman's activities...

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