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UNITED STATES v. BENEDICT

No. 80-1494.

647 F.2d 928 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Robert W. BENEDICT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1981.

Rehearing Denied July 22, 1981.

Attorney(s) appearing for the Case

Barry J. Portman, San Francisco, Cal., for defendant-appellant.

Cedric C. Chao (argued), Floy Dawson, Asst. U. S. Attys., San Francisco, Cal., on brief, for plaintiff-appellee.

Before GOODWIN and SCHROEDER, Circuit Judges, and PALMIERI, District Judge.

PALMIERI, District Judge:

Robert W. Benedict appeals from a judgment of conviction under a one-count indictment charging him and two others with conspiracy to import into the United States from Thailand, and to possess and distribute within the United States, approximately 4.4 kilograms of heroin, in violation of 21 U.S.C. §§ 846 and 963. The case against Benedict alone was tried to a jury before Judge William H...

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