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GALLEGO v. UNITED STATES

No. 16580.

276 F.2d 914 (1960)

Albert Lopez GALLEGO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

March 23, 1960.

Attorney(s) appearing for the Case

Clague A. VanSlyke, Tucson, Ariz., for appellant.

Jack D. H. Hays, U. S. Atty., Mary Anne Reimann, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before MATHEWS, HAMLEY, and MERRILL, Circuit Judges.

HAMLEY, Circuit Judge.

Albert Lopez Gallego appeals from his conviction and sentence on a charge of unlawful importation of marijuana, in violation of 21 U.S.C.A. § 176a. Two questions are presented here. The first is whether, because of an asserted missing link in the chain of evidence relating to the custody of a can and a sack containing marijuana, it was error to admit these articles into evidence as exhibits. The second is whether the sentence imposed in...

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