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U.S. v. WALLACE

Nos. 86-3146, 86-3147.

848 F.2d 1464 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Janice WALLACE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Elmore PENN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 26, 1988.

As Amended June 8, 1988.

Attorney(s) appearing for the Case

John W. Lundin, Seattle, Wash., for defendant-appellant.

W.H. Redkey, Jr., Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before FLETCHER and NORRIS, Circuit Judges, and LYNCH, District Judge.

FLETCHER, Circuit Judge:

Appellants Janice Wallace and Elmore Penn were convicted, after jury trial, on both conspiracy and substantive counts of possession with intent to distribute heroin.1 They appeal their convictions, alleging the following errors: (1) the district court's denial of Wallace's motion to dismiss her indictment due to governmental bad faith and preindictment delay; (2) the government's failure to produce notes used by...

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