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UNITED STATES v. SWINGLER

Nos. 83-1570, 83-1571, 83-1572, 83-1590, 83-1598 and 83-2434.

758 F.2d 477 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis SWINGLER, Jack E. Houser, Jr., Ralph W. Vicory, James D. Jahnke, Jerald W. Richardson, Larry Lee Richardson, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 20, 1985.

Attorney(s) appearing for the Case

Patrick T. Murphy, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., and John O. Martin, Asst. U.S. Atty., Denver, Colo., with him on brief), for United States of America, plaintiff-appellee.

Jack S. Nordby, Minneapolis, Minn. (Alan P. Caplan, San Francisco, Cal., with him on brief), for Dennis Swingler, Ralph W. Vicory, James D. Jahnke and Larry Lee Richardson, defendants-appellants.

Rollie R. Rogers, Denver, Colo. (William Sublette, Denver, Colo., with him on brief), for Jack E. Houser, defendant-appellant.

Vicki Mandell-King, Asst. Federal Public Defender, Denver, Colo. (Michael G. Katz, Federal Public Defender, Denver, Colo., with her on brief), for Jerald W. Richardson, defendant-appellant.

Before BARRETT, Circuit Judge, DOYLE, Circuit Judge, and BOHANON, Senior District Judge.

BOHANON, Senior District Judge.

These cases are appeals from convictions under several counts of an indictment alleging conspiracy to distribute d. 1. amphetamine, a federally controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 846 (Count I); conspiracy to manufacture d. 1. amphetamine in violation of the same statutes (Count II); and travel in interstate commerce to facilitate the promotion, establishment and carrying on of an unlawful activity...

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