UNITED STATES v. ALTAMIRANO

No. 79-1743.

633 F.2d 147 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Bernard ALTAMIRANO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 17, 1980.

Rehearing Denied December 8, 1980.


Attorney(s) appearing for the Case

James F. Hewitt, Federal Public Defender, San Francisco, Cal., argued, for defendant-appellant.

G. William Hunter, U.S. Atty., Sanford Svetcov, Chief Asst. U.S. Atty., D. Michael Nerney, Asst. U.S. Atty., Sharon Redel, Research Asst., University of San Francisco School of Law, San Francisco, Cal., for plaintiff-appellee.

Before WRIGHT and SNEED, Circuit Judges, and FRYE, District Judge.


SNEED, Circuit Judge:

Appellant was charged by indictment with four counts of distribution of heroin, 21 U.S.C. § 841(a)(1), two counts of assault on a federal officer with a deadly weapon, 18 U.S.C. §§ 111, 1114, and one count of being an ex-felon in possession of a firearm, 18 U.S.C. App. § 1202(a)(1). Appellant pleaded not guilty to all counts and at the conclusion of his trial the jury found him guilty on all counts. Initially he was sentenced...

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