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  5. 649 F.2d 1345 (1981)
 

UNITED STATES v. MIRANDA-URIARTE

Nos. 80-1520, 80-1521.

649 F.2d 1345 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben MIRANDA-URIARTE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Javier MIRANDA-BELTRAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1981.

Attorney(s) appearing for the Case

John Gallagher, Gallagher, Soley & Gollmer, Inc., Fresno, Cal., for defendant-appellant in # 80-1520.

Edward P. Moffat, Asst. Federal Defender, Fresno, Cal. for defendant-appellant in # 80-1521.

Phillip S. Cronin, Asst. U. S. Atty., Fresno, Cal., for United States in both cases.

Before KILKENNY and SNEED, Circuit Judges, and GRANT, District Judge.

KILKENNY, Circuit Judge:

On April 10, 1980, appellants Uriarte and Beltran, together with Israel Parra-Rojo (Parra), were jointly indicted on Count I for conspiracy to distribute heroin1 and on Count II for possession with intent to distribute heroin.2 Additionally, Parra was indicted on Count III for a violation of 21 U.S.C. § 843(b) (telephonic communication

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