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UNITED STATES v. SPETZ

Nos. 80-1331, 80-1334 and 80-1335.

721 F.2d 1457 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Kent SPETZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Vincent Anthony GULINO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Max Andrew KALIK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Modified Opinion December 14, 1983.

Attorney(s) appearing for the Case

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

Philip Deitch, Westwood, Cal., for Gulino.

Richard H. Kirschner, Los Angeles, Cal., for Kalik.

Theresa Kristovich, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before ELY, FLETCHER, and REINHARDT, Circuit Judges.

The motion of appellee to modify the opinion is granted. A modified opinion is filed concurrently herewith.

MODIFIED OPINION

REINHARDT, Circuit Judge:

Appellants Charles Spetz, Vincent Gulino, and Max Kalik were charged with violation of the federal narcotics laws in a five count indictment. Count One charged Spetz, Gulino and Kalik with conspiracy to distribute and to possess with intent to distribute marijuana, in violation of 21 U.S.C. §...

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