UNITED STATES v. KUNTZWEILER

No. 73-1738.

487 F.2d 426 (1973)

UNITED STATES of America, Appellee, v. Edward Francis KUNTZWEILER, Appellant.

United States Court of Appeals, Ninth Circuit.

November 6, 1973.


Attorney(s) appearing for the Case

Anthony J. Raineri (argued), Joseph C. Raineri, Sr. (argued), Phoenix, Ariz., for appellant.

Patricia Whitehead, Asst. U.S. Atty. (argued), William C. Smitherman, U.S. Atty., Phoenix, Ariz., for appellee.

Before CHAMBERS and DUNIWAY, Circuit Judges and SCHWARTZ, District Judge.


OPINION

SCHWARTZ, District Judge:

Appellant was convicted of conspiracy to manufacture amphetamine and methamphetamine ("speed") in violation of Title 18 U.S.C. § 371 following a jury trial. He attacks his conviction on numerous grounds.

He first contends that the government's failure to inform him before the trial was over that charges against one co-conspirator, Brazil, had been dismissed was a "surreptitious nondisclosure" and an "unfair...

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