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U.S. v. BAKER

Nos. 94-30125, 94-30138 and 94-30144.

63 F.3d 1478 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth M. BAKER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Ralph HALE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Kenneth BAKER; Ralph Hale, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1995.

As Amended on Denial of Rehearing and Rejection of Suggestions for Rehearing October 6, 1995.

Attorney(s) appearing for the Case

Douglas Anderson, Missoula, MT, for defendant-appellant-cross-appellee Baker.

Douglas D. Sulkosky, Tacoma, WA, for defendant-appellant-cross-appellee Hale.

Chris A. McLean, Asst. U.S. Atty., Helena, MT, for plaintiff-appellee-cross-appellant U.S.

Ronald B. MacDonald, Datsopoulos, Mac-Donald & Lind, Missoula, MT, for amicus curiae Feist.

Keith R. Strong, Great Falls, MT, for amicus curiae Dorothy Clinkenbeard.

Michael J. Sherwood, Missoula, MT, for amicus curiae Larry Clinkenbeard.

Before: WRIGHT, FERGUSON and THOMPSON, Circuit Judges.

As Amended on Denial of Rehearing and Rejection of Suggestions for Rehearing En Banc October 6, 1995.*

DAVID R. THOMPSON, Circuit Judge:

Appellants Kenneth M. Baker and Ralph Hale (defendants) were convicted in federal district court of one count each of conspiring to traffic in contraband cigarettes, in violation of 18 U.S.C. § 2342 and 18 U.S.C. § 371; two counts each of trafficking in contraband cigarettes, in violation...

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