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UNITED STATES v. MASON

Nos. 80-1131, 80-1145 and 80-1132.

658 F.2d 1263 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Warren MASON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William Casey WELSH, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Mitchell SHIELDS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1981.

Rehearing Denied December 16, 1981.

Attorney(s) appearing for the Case

Albert G. Freeman, Tucson, Ariz., for Welsh.

Robert J. Hooker, Tucson, Ariz., for Mason.

Victoria A. King, O'Meara, Michela & Weber, Tucson, Ariz., for Shields.

Rhonda L. Repp, Asst. U. S. Atty., Tucson, Ariz., argued, for plaintiff-appellee; Michael D. Hawkins, U. S. Atty., Tucson, Ariz., on brief.

Before BROWNING, Chief Judge, KENNEDY, Circuit Judge, and HOFFMAN, District Judge.

KENNEDY, Circuit Judge:

The issue of principal significance in this case is whether the Allen charge given below was correct in its formulation.1 We are required to reverse the convictions on this point. The case also presents certain evidentiary and substantive issues, and we defer a detailed recital of the facts until Part II of the opinion, which deals with those other matters.

Appellants Mason, Welsh, and Shields were...

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