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VALENZUELA-HERNANDEZ v. UNITED STATES

No. 21734.

389 F.2d 460 (1968)

Louie VALENZUELA-HERNANDEZ and Sofia Daniels Valenzuela, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 25, 1968.

Attorney(s) appearing for the Case

Norman Spellberg (argued), Pleasant Hill, Cal., for Louie Valenzuela-Hernandez.

Manuel H. Garcia (argued), Tucson, Ariz., for Sofia Daniels Valenzuela.

Philip Fahringer (argued), Asst. U. S. Atty., Edward E. Davis, U. S. Atty., Jo Ann D. Diamos, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before HAMLIN, MERRILL and ELY, Circuit Judges.

HAMLIN, Circuit Judge.

Louie Valenzuela-Hernandez and Sofia Daniels Valenzuela, appellants herein, were charged in an indictment filed in the United States District Court for the District of Arizona with a violation of 21 U.S.C. § 176a.1 The indictment charged that appellants did "knowingly, and with intent to defraud the United States of America, import and bring into the United States of America from the United States of Mexico...

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