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UNITED STATES v. DAVIS

No. 24497.

439 F.2d 1105 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Leon DAVIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 5, 1971.

Attorney(s) appearing for the Case

Harry R. Hirschfield, Oakland, Cal., for defendant-appellant.

Harry D. Steward, U. S. Atty., Robert H. Filsinger, Chief, Crim. Div., Brian E. Michaels, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before HAMLIN, BROWNING and TRASK, Circuit Judges.

HAMLIN, Circuit Judge.

Charles Leon Davis, appellant herein, and Jesse Claude McCune were jointly charged in an indictment filed in the District Court for the Southern District of California with two counts of violation of 21 U.S.C. § 174 (Unlawful Importation of Heroin and Cocaine and Unlawful Facilitation of the Concealment and Transportation of Heroin and Cocaine). Upon motion, appellant's case was severed and he was separately tried by a jury, convicted on...

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