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UNITED STATES v. LOMAS

Nos. 81-1768, 81-1788.

706 F.2d 886 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Kenneth LOMAS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Peter Kahn MARGOLIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 12, 1983.

As Amended May 17 and August 15, 1983.

Attorney(s) appearing for the Case

Kenneth Bauman, Asst. U.S. Atty., Portland, Or., for the U.S.

Paul Denton, Denton & Thynne, Denver, Colo., and Marcus S. Topel, Topel & Goodman, San Francisco, Cal., for defendants-appellants.

Before WALLACE, FARRIS, and NELSON, Circuit Judges.

FARRIS, Circuit Judge:

Peter Kahn Margolis and Robert Kenneth Lomas appeal their convictions under 21 U.S.C. §§ 841(a)(1) and 846 for participation in a conspiracy to possess with intent to distribute cocaine. Both Margolis and Lomas made numerous pretrial motions, all of which were denied. Margolis and Lomas then agreed to submit to a bench trial on stipulated facts. In return, the government pledged to move for...

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