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UNITED STATES v. TUNNELL

No. 80-1597.

650 F.2d 1124 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy Duane TUNNELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 13, 1981.

Attorney(s) appearing for the Case

Mark Healy Bonner, Asst. U. S. Atty., Los Angeles, Cal. (argued), Andrea Sheridan Ordin, U. S. Atty., Los Angeles, Cal., on brief, for defendant-appellant.

Stephen E. Hoffman, Frank & Milchen, San Diego, Cal., for ch. plaintiff-appellee.

Before TUTTLE, ALARCON and REINHARDT, Circuit Judges.

TUTTLE, Circuit Judge:

Tommy Duane Tunnell appeals his conviction under 21 U.S.C. § 176a.1 On January 10, 1968, Tunnell and four other individuals were indicted for violations of federal narcotics laws. In Count Five2 of the indictment Tunnell and a co-defendant, Hoover, were charged with having "knowingly received, concealed and facilitated the transportation...

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