UNITED STATES v. POWELL

No. 82-1473.

708 F.2d 455 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Betty Lou POWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1983.

Rehearing Denied November 10, 1983.


Attorney(s) appearing for the Case

Charles F. Gorder, Jr., Asst. U.S. Atty., argued, Peter K. Nunez, U.S. Atty., Charles F. Gorder, Jr., Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Barry D. Utsinger, Utsinger & Williamson, San Diego, Cal., for defendant-appellant.

Before CHAMBERS, FLETCHER and NELSON, Circuit Judges.


CHAMBERS, Circuit Judge:

Betty Powell was indicted in a fifteen count indictment and acquitted of all charges except three counts (under 18 U.S.C. § 843(b) (1976)) of using a telephone to facilitate certain drug offenses, and one count (under 18 U.S.C. § 1001 (1976)) of giving a false statement to the magistrate in applying for leave to proceed in forma pauperis. She was given four concurrent four year sentences and she appeals.

Count 1, of which...

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