UNITED STATES v. ESCOTO-NIETO

No. 23176.

417 F.2d 623 (1969)

UNITED STATES of America, Appellee, v. Roberto ESCOTO-NIETO, Appellant.

United States Court of Appeals Ninth Circuit.

October 10, 1969.


Attorney(s) appearing for the Case

Arthur T. Anderson, of Gregorcich, Anderson & Edlefsen, San Diego, Cal., for appellant.

Edwin L. Miller, Jr., U. S. Atty., Frederick B. Holoboff, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before HAMLEY and ELY, Circuit Judges, and FERGUSON, District Judge.


PER CURIAM:

Roberto Escoto-Nieto appeals from his conviction on a jury verdict of smuggling into the United States from Mexico approximately 189 pounds of marihuana, in violation of 21 U.S.C. § 176a.

The marihuana was found at the border in a pick-up truck driven by defendant. The latter's defense was that on his way to work from his home in Tijuana, Mexico, to National City, California, an acquaintance, learning that defendant would be late if he took...

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