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FERNANDEZ v. UNITED STATES

No. 18422.

321 F.2d 283 (1963)

Lazaro FERNANDEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

July 22, 1963.

Attorney(s) appearing for the Case

John E. Dearman and Ephraim Margolin, San Francisco, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Phillip W. Johnson, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before HAMLIN and DUNIWAY, Circuit Judges, and TAVARES, District Judge.

HAMLIN, Circuit Judge.

In Counts One and Two of an indictment filed in the United States District Court for the Southern District of California, appellant was charged with violations of 21 U.S.C. § 176a (smuggling into the United States from Mexico of ten and one-half pounds of marihuana and transportation and concealment of the same marihuana), and in Counts Three and Four with violations of 18 U.S.C. § 545 (smuggling into the United States from Mexico...

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