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UNITED STATES v. KENDALL

Nos. 80-1306, 80-1312.

655 F.2d 199 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Peter M. KENDALL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Gerald A. AKERS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1981.

Rehearings and Rehearings Denied October 29, 1981.

Attorney(s) appearing for the Case

Christopher J. Schatz, Sheela, Lightner & Castro, San Diego, Cal., for Kendall.

James M. McCabe, Deutsch, Parziale & McCabe, San Diego, Cal., for Akers.

Raymond Edwards, Jr., Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before NELSON and BOOCHEVER, Circuit Judges, and WILLIAMS, District Judge.

Rehearings and Rehearings En Banc Denied October 29, 1981.

SPENCER WILLIAMS, District Judge:

Appellants Kendall and Akers appeal their convictions for conspiracy and possession of cocaine with intent to distribute in violation of 21 U.S.C. §§ 846 and 841(a)(1). Following denial of their motions to suppress the contraband by the trial court, defendant-appellants waived trial by jury and on March 14, 1980 were found guilty on stipulated facts. Using...

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