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UNITED STATES v. LOPEZ-MARTINEZ

No. 82-1646.

725 F.2d 471 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Armando LOPEZ-MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 11, 1983.

Rehearing Granted, Opinion Withdrawn, and Resubmitted February 9, 1984.

Decided February 10, 1984.

Attorney(s) appearing for the Case

John M. Roll, Asst. US Atty., Tucson, Ariz., for plaintiff-appellee.

Frank Leon, Tucson, Ariz., for defendant-appellant.

Before BROWNING, Chief Judge, DUNIWAY and ALARCON, Circuit Judges.

DUNIWAY, Circuit Judge:

Lopez-Martinez appeals from his conviction on both counts of an indictment. Count 1 charged that he "did knowingly and intentionally import approximately 737.2 grams of heroin, a Schedule I narcotic drug controlled substance, in violation of Title 21, United States Code, Sections 952 and 960(b)(1)." Count 2 charged that he "did knowingly and intentionally possess with intent to distribute approximately

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