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UNITED STATES v. TERCERO

No. 78-1995.

640 F.2d 190 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Ernesto TERCERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing and Rehearing August 4, 1980.

Attorney(s) appearing for the Case

John P. Frank, Lewis & Roca, Phoenix, Ariz., argued for defendant-appellant; Anthony R. Lucia, Lewis & Roca, Phoenix, Ariz., on the brief.

Edmund G. Noyes, Jr., Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before GOODWIN and WALLACE, Circuit Judges, and HAUK, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc August 4, 1980.

WALLACE, Circuit Judge:

Tercero appeals his conviction for possessing marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). He contends that reversal is required due to the loss or destruction of certain photographs taken the night of his arrest, the denial of his right to a speedy trial, and the trial court's refusal to rule in advance on the admissibility, for...

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