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UNITED STATES v. BATIMANA

No. 79-1269, 79-1270.

623 F.2d 1366 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Danilo Bautista BATIMANA and Jose Edgardo Noguera, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 22, 1980.

Attorney(s) appearing for the Case

Arthur Mabry, Victor B. Kenton, Los Angeles, Cal., for defendants-appellants.

Mark E. Kalmansohn, Los Angeles, Cal., for plaintiff-appellee.

Before WRIGHT, HUG, and FLETCHER, Circuit Judges.

HUG, Circuit Judge:

Appellants, Batimana and Noguera, and a third defendant, Samuel Nicanor,1 were convicted by a jury of conspiring to import and possess with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1), 846, 952(a), 960(a)(1), and 963 (Count One), and possession with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1) (Count Two). Each was placed on probation for five years. Appellants...

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