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UNITED STATES v. BIBBERO

Nos. 83-5073, 83-5074.

749 F.2d 581 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Virgil BIBBERO, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James Paul MARSHALL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 14, 1984.

Attorney(s) appearing for the Case

Stephen W. Peterson, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Colleen Rohan, William Osterhoudt, San Francisco, Cal., for defendant-appellant.

Before FLETCHER and NELSON, Circuit Judges, and HARDY, District Judge.

HARDY, District Judge:

Richard Virgil Bibbero, Jr. and James Paul Marshall were convicted in a jury trial of various drug smuggling charges. On appeal, they raise issues concerning proof of the alleged conspiracy, non-disclosure of relevant information held by the government, and admission of certain evidence. We hold that defendants were entitled to disclosure of certain additional material held by the government and that hearsay testimony of a co-conspirator was...

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