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UNITED STATES v. DRIVER

No. 83-1025.

776 F.2d 807 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Samuel Clinton DRIVER and Panom Driver, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted September 5, 1984.

Decided November 13, 1985.

Attorney(s) appearing for the Case

Joseph P. Russoniello, U.S. Atty., John Gibbons, Chief, Joseph M. Burton, Asst. U.S. Atty., and Sandy Teters, San Francisco, Cal., for plaintiff-appellant.

Marilyn Waller, Traun & Waller, Doren Weinberg, Larsen & Weinberg, San Francisco, Cal., Arthur M. Sochcot and Hazel Weiser, Mill Valley, Cal., for defendants-appellees.

Before CHOY and NORRIS, Circuit Judges, and HOFFMAN, District Judge.

WALTER E. HOFFMAN, District Judge:

This case involved the original smuggling of heroin by Joe Dean Hensley as agent for Samuel Clinton Driver. Samuel Driver was charged with engaging in a continuing criminal enterprise pursuant to 21 U.S.C. § 848, and, along with Panom Driver (his wife), and David Hess, was charged in five counts with violations of possession with intent to distribute a controlled substance under 21 U.S.C. § 841(a)(1); importation of a controlled...

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