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UNITED STATES v. SUTTON

Nos. 85-1265, 85-1301 and 85-1307.

794 F.2d 1415 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. William John SUTTON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Freddie Goldbaum ORTIZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Valentine Frank PROITTE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 22, 1986.

Attorney(s) appearing for the Case

Susan Ehrlich, Phoenix, Ariz., Eugene Bracamonte, Jon R. Cooper, Tucson, Ariz., for plaintiff-appellee.

Roger S. Auerbach, Adrian G. Hall, Bolding & Zavala, Tucson, Ariz., Stephen Ralls, South Tucson, Ariz., for defendant-appellant.

Before CHOY, ALARCON, and WIGGINS, Circuit Judges.

ALARCON, Circuit Judge:

Appellants are three members of a group that smuggled large quantities of marijuana by air into the United States. They appeal their judgments of conviction on various grounds. We address each contention and the facts pertinent thereto under separate headings.

I. SUTTON

Defendant-appellant William John Sutton was indicted on nine counts: (1) conspiracy to import more than 50 kilograms of marijuana into the United States in...

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