United States v. Charles Kent Spetz, United States of America v. Vincent Anthony Gulino, United States of America v. Max Andrew Kalik

MODIFIED OPINION

REINHARDT, Circuit Judge:

Appellants Charles Spetz, Vincent Gulino, and Max Kalik were charged with violation of the federal narcotics laws in a five count indictment. Count One charged Spetz, Gu-lino and Kalik with conspiracy to distribute and to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846 (1976). Count Two charged Gulino with possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) (1976), and Kalik and Spetz with aiding and abetting, in violation of 18 U.S.C. § 2 (1976). Count Three charged Spetz with possession…