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UNITED STATES v. FOSTER

Nos. 81-1765, 81-1779, 81-1778 and 82-1057.

711 F.2d 871 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory FOSTER, Johnnie Lee Gibson, Billy Jackson, Ronald H. Wilson, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1983.

As Amended on Denial of Rehearing and Rehearing December 13, 1983.

Attorney(s) appearing for the Case

Judith S. Feigin, Asst. U.S. Atty., argued, Peter K. Nunez, U.S. Atty., Judith S. Feigin, Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Michael Pancer, San Diego, Cal., for Gregory Foster.

Christopher Schatz, Sheela, Lightner, Hughes, Castro & Walsh, San Diego, Cal., for Johnnie Lee Gibson.

George Hunt, San Diego, Cal., for Billy Jackson.

Victor S. Eriksen, San Diego, Cal., for Ronald H. Wilson.

Before ROBB, SCHROEDER and ALARCON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc December 13, 1983.

ALARCON, Circuit Judge:

Appellants Gregory Foster, Johnnie Gibson, Billy Jackson, and Ronald Wilson were each found guilty of conspiracy to possess heroin with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846. In addition, appellant Foster was convicted of twenty counts of possession of heroin with intent to distribute, in violation of 21 U.S.C. §...

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