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UNITED STATES v. PILLING

Nos. 81-1597, 81-1661, 81-1668 and 81-1687.

721 F.2d 286 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Roy W. PILLING, Jimmy Lee Penix, Alan Russell Varley, and Richard Oliver Christensen, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 4, 1983.

Attorney(s) appearing for the Case

Teresa Black, Asst. U.S. Atty., Oklahoma City, Okl. (William S. Price, U.S. Atty., Oklahoma City, Okl., with her on brief), for plaintiff-appellee.

Jack D. McCurdy, Oklahoma City, Okl. (Garland Bloodworth, Oklahoma City, Okl., with him on brief), Bloodworth & Associates, Oklahoma City, Okl., for defendant-appellant Roy Pilling.

C. Merle Gile, Oklahoma City, Okl. (D.C. Thomas, Oklahoma City, Okl., with him on brief), for defendant-appellant Jimmy Lee Penix.

James M. Gattey, San Diego, Cal., Barry R. Davis, Oklahoma City, Okl., for defendant-appellant Richard Oliver Christensen.

Before BARRETT and SEYMOUR, Circuit Judges, and KERR, District Judge of the United States District Court for the District of Wyoming, sitting by designation.

BARRETT, Circuit Judge.

Richard Oliver Christensen (Christensen), Jimmy Lee Penix (Penix), Roy W. Pilling (Pilling) and Alan Russell Varley (Varley) each appeal verdicts of guilty following a three week jury trial to Count I of a five-count indictment. Count I charged that commencing April 1980, and continuing until about August 30, 1980, in Oklahoma City, Oklahoma, and Colorado, California, Texas, and Lima, Peru, the appellants "did combine, conspire, confederate...

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