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UNITED STATES v. CASTLEBERRY

Nos. 80-1138, 80-1139.

642 F.2d 1151 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. James Wood CASTLEBERRY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles Monroe GILPEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 23, 1981.

Attorney(s) appearing for the Case

Tom O'Toole, Phoenix, Ariz., for Castleberry.

Arthur L. Rothenberg, Miami, Fla., for Gilpen.

Robert Abel, Sp. Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before WALLACE and POOLE, Circuit Judges, and SMITH, District Judge.

RUSSELL E. SMITH, District Judge:

Defendants Castleberry and Gilpen, following a joint trial, were convicted of conspiracy to import (21 U.S.C. § 963), conspiracy to possess with intent to distribute (21 U.S.C. § 846), and possession of (21 U.S.C. § 841(a)(1)) a controlled substance. All counts related to the same transaction. It is conceded that there was a conspiracy and that substantial quantities of marijuana were smuggled into the United States...

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