UNITED STATES v. JOHNSON

No. 79-1562.

618 F.2d 60 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Wayne JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 30, 1980.


Attorney(s) appearing for the Case

Bob Barber, Jr., Tucson, Ariz., for defendant-appellant.

John G. Hawkins, Tucson, Ariz., for plaintiff-appellee.

Before CHOY and SNEED, Circuit Judges, and EAST, District Judge.


SNEED, Circuit Judge:

Johnson appeals from his conviction of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). He contends that: (1) the prejudice from improper testimony elicited by the court was not cured by the instruction to the jury; (2) the judge's conduct during the trial was prejudicial; and (3) the indictment should have been dismissed as based partially on perjured testimony. We reject each contention and affirm...

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