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U.S. v. DAVIS

Nos. 92-10592, 92-10620.

36 F.3d 1424 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. William D. DAVIS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Curry James WILLIAMS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion Filed February 4, 1994.

Opinion Amended March 2, 1994.

Rehearing Denied April 18, 1994.

Mandate Issued April 26, 1994.

Mandate Recalled July 7, 1994.

Opinion Withdrawn September 29, 1994.

Second Petition for Rehearing Granted September 29, 1994.

Decided September 29, 1994.

Attorney(s) appearing for the Case

Kevin M. Kelly, Las Vegas, NV, Nola M. McGuire, Irvine, CA, for defendants-appellants.

Anthony S. Murry, Asst. U.S. Atty., Las Vegas, NV, for plaintiff-appellee.

John C. Lambrose, Chief Asst. Federal Public Defender, Las Vegas, NV, for defendant Curry James Williams on rehearing. Cynthia A. Young, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee on rehearing.

Before: SNEED, POOLE and TROTT, Circuit Judges.

ORDER

Sept. 29, 1994.

The opinion filed on February 4, 1994, and amended on March 12, 1994, is withdrawn. The appellee's second petition for rehearing is granted.

OPINION

POOLE, Circuit Judge:

Appellants William D. Davis and Curry James Williams were convicted on the following charges: (1) conspiring to distribute one-half pound of cocaine base, a Schedule II Controlled Substance under 21 U.S.C. § 812(c), in violation of...

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