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U.S. v. SMITH

Nos. 89-30309 to 89-30311.

924 F.2d 889 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Brent Eugene SMITH, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Roberto Osegueya MARTINEZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Richard Leroy POPP, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 24, 1991.

Attorney(s) appearing for the Case

Richard D. Ness, Ronald D. Ness and Associates, Port Orchard, Wash., for defendant-appellant Smith.

Thomas W. Hillier, II, Federal Public Defender, Seattle, Wash., for defendant-appellant Martinez.

Judith M. Mandel, Mandel, Salmon & Stone, Gig Harbor, Wash., for defendant-appellant Popp.

Kenneth G. Bell, Asst. U.S. Atty., Tacoma, Wash., for plaintiff-appellee.

Before HUG, NELSON and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

In this consolidated criminal appeal, several codefendants appeal their convictions of various crimes relating to a drug conspiracy. We affirm the conviction, but vacate a part of the sentence.

STATEMENT OF FACTS

On December 1, 1988, two weeks after a cocaine overdose, appellant Richard Leroy Popp, ("Popp"), then eighteen years old, entered Plaza Hall, a twenty-eight-day in-patient drug treatment facility in Tacoma...

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