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ALEXANDER v. UNITED STATES

No. 20394.

362 F.2d 379 (1966)

Ben Edward ALEXANDER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 19, 1966.

Attorney(s) appearing for the Case

Lawrence Ollason, Tucson, Ariz., for appellant.

Wm. P. Copple, U. S. Atty., Jo Ann D. Diamos, Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before HAMLEY and DUNIWAY, Circuit Judges, and MATHES, Senior District Judge.

MATHES, Senior District Judge.

This appeal is from a judgment and sentence following a jury's verdict of guilty of an indictment charging the receipt and concealment, and facilitation of the transportation and concealment, in the District of Arizona, of a quantity of heroin, in violation of 21 U.S.C. § 174.

The evidence adduced at the trial disclosed that about 8:00 P.M., on August 24, 1964, a Customs Agent stationed at the Mexican border in Nogales,...

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