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UNITED STATES v. TOOMEY

No. 84-5134.

764 F.2d 678 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Terry TOOMEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 26, 1985.

Attorney(s) appearing for the Case

Roger W. Haines, Jr., Asst. U.S. Atty., argued, Peter K. Nunez, U.S. Atty., Roger W. Haines, Jr., Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Bruce Ian Feldman, San Diego, Cal., for defendant-appellant.

Before GOODWIN, WALLACE and REINHARDT, Circuit Judges.

GOODWIN, Circuit Judge.

Toomey appeals from his conviction of one count of conspiracy to import heroin, see 21 U.S.C. §§ 952, 960 and 963, of traveling in interstate and foreign commerce in aid of racketeering, see 18 U.S.C. § 1952(a)(3), and of unlawful use of a communication facility, a telephone, see 21 U.S.C. § 843(b). Toomey claims that the district court erred in denying his motions for judgment of acquittal based on...

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