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UNITED STATES v. HURD

Nos. 80-1073, 80-1083.

642 F.2d 1179 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald S. HURD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Howard H. SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 23, 1981.

Rehearing and Rehearing Denied May 12, 1981.

Attorney(s) appearing for the Case

Douglas D. McBroom, Seattle, Wash., argued, for defendant-appellant.

Peter Mueller, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before PREGERSON and POOLE, Circuit Judges, and KARLTON, District Judge.

Rehearing and Rehearing En Banc Denied May 12, 1981.

POOLE, Circuit Judge:

Hurd and Smith were convicted in the Western District of Washington on all charges arising from a four count indictment. Count I of that indictment charged both defendants with conspiracy to receive, possess and transfer unregistered firearms in violation of 18 U.S.C. § 371. Count II charged Smith with aiding and abetting the unlawful transfer by Olson, an unindicted coconspirator...

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