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UNITED STATES v. WHITTEN

Nos. 82-1315, 82-1293, 82-1294 and 82-1303.

706 F.2d 1000 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Joe WHITTEN, John Elmer Gaiefsky, Jack Wayne Gish, Richard Lawrence Shimel, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 25, 1983.

Attorney(s) appearing for the Case

Hector E. Salitrero, Asst. U.S. Atty., argued; Peter K. Nunez, U.S. Atty.; Hector E. Salitrero, Asst. U.S. Atty., on the brief, San Diego, Cal., for the U.S.

Gerald M. Birnberg, Houston, Tex., for Whitten.

Walter Maund, San Diego, Cal., for Gaiefsky.

H. Dean Steward, San Diego, Cal., for Gish.

Frank J. Ragen, San Diego, Cal., for Shimel.

Before FARRIS and ALARCON, Circuit Judges, and SCHWARZER, District Judge.

SCHWARZER, District Judge:

Kenneth Whitten and twenty-three codefendants were charged in a twenty-four count indictment with making and selling methamphetamine. The trial court severed the case against four defendants, Whitten, Shimel, Gaiefsky, and Gish, who now appeal from their convictions of various narcotics offenses in violation of 21 U.S.C. §§ 841(a)(1), 846, 843(b), and 848.

Appellants were charged with operating illegal methamphetamine laboratories...

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