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U.S. v. WISEMAN

No. 93-10097.

25 F.3d 862 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Keith WISEMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1994.

Attorney(s) appearing for the Case

Joel C. Parris, Asst. Federal Public Defender, Tucson, AZ, for defendant-appellant.

Virginia C. Kelly, Asst. U.S. Atty., Tucson, AZ, for plaintiff-appellee.

Before ALARCON and FERNANDEZ, Circuit Judges, and HILL, District Judge.

Opinion by Judge HILL; Dissent by Judge ALARCON.

IRVING HILL, District Judge:

Defendant Kenneth Keith Wiseman and four others, Vizcarra, Lopez, Murphy and Branson, were indicted in a two-count indictment for narcotics offenses. Count one charged possession of marijuana with intent to distribute it. 21 U.S.C. § 841 (1988). Count two charged conspiracy to possess marijuana with intent to distribute it. 21 U.S.C...

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