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U.S. v. EMMERT

Nos. 85-5231, 85-5232.

829 F.2d 805 (1987)

UNITED STATES of America, Plaintiff/Appellee, v. Walter Douglas EMMERT, Defendant/Appellant. UNITED STATES of America, Plaintiff/Appellee, v. Richard Gail ARRIAGA, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 2, 1987.

Attorney(s) appearing for the Case

Michael J. McCabe, San Diego, Cal., for defendant/appellant Emmert.

Jonathan B. Jordan, San Diego, Cal., for defendant/appellant Arriaga.

Elizabeth A. Hartwig, San Diego, Cal., for plaintiff/appellee.

Before ALARCON, BRUNETTI and NOONAN, Circuit Judges.

BRUNETTI, Circuit Judge:

Walter Douglas Emmert and Richard Gail Arriaga appeal their convictions arising out of a cocaine transaction which involved government informants and agents. Emmert was convicted on two counts of possession of cocaine with intent to distribute (21 U.S.C. § 841(a)(1)), one count of conspiracy (21 U.S.C. §§ 846 and 841(a)(1)), and four counts of using a telephone to further a narcotics transaction (21 U.S.C. § 843(b)). Arriaga...

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