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GARIBAY-GARCIA v. UNITED STATES

No. 20408.

362 F.2d 509 (1966)

Jose Doroteo GARIBAY-GARCIA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 23, 1966.

Attorney(s) appearing for the Case

Carl L. Fabbroni, O'Connor, Milford, Porter & Fabbroni, San Diego, Cal., for appellant.

Manuel L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief Crim. Div., J. Brin Schulman, Asst. U. S. Atty., Asst. Chief, Crim. Div., Phillip W. Johnson, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES and KOELSCH, Circuit Judges, and TAYLOR, District Judge.

BARNES, Circuit Judge:

Appellant appeals from a judgment of conviction on two counts based on the smuggling of 530 pounds of marijuana across the Mexican-American border at the gate in the Woodbine Check of the All-American Irrigation Canal, one hundred yards north and west of the International Border and seven miles west of Calexico, California.

But two issues are raised on this appeal: (1) the refusal of the trial judge to order the government to name its...

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