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UNITED STATES v. SMITH

Nos. 81-1441, 81-1442.

690 F.2d 748 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. William Dale SMITH, and Julius Chris Fisherman, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1982.

Attorney(s) appearing for the Case

Sandra Gillies, Asst. Federal Defender, Sacramento, Cal., for Smith.

Harvey E. Byron, Los Angeles, Cal., argued, for Fisherman; Ernest F. Winters, Sacramento, Cal., on brief.

John C. Gibbons, Asst. U.S. Atty., San Francisco, Cal., for United States.

Before MERRILL, Senior Circuit Judge, KASHIWA, Associate Judge, and WALLACE, Circuit Judge.

MERRILL, Circuit Judge:

Appellants Smith and Fisherman, along with many others, were indicted for conspiracy to violate 21 U.S.C. § 846, 21 U.S.C. § 848 and for possession and distribution of a controlled substance (heroin) in violation of 21 U.S.C. §§ 841(a)(1), 845(a). The indictment named over 20 co-defendants and a large group of unindicted co-conspirators as participants in a massive heroin importation and distribution conspiracy throughout...

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