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UNITED STATES v. KILGORE

No. 23848.

418 F.2d 225 (1969)

UNITED STATES of America, Appellee, v. Jimmie Herman KILGORE, Appellant.

United States Court of Appeals Ninth Circuit.

October 27, 1969.

Attorney(s) appearing for the Case

Frederick L. Hetter, III, San Diego, Cal., for appellant.

Edwin L. Miller, Jr., U. S. Atty., San Diego, Cal., Shelby R. Gott, Asst. U. S. Atty., for appellee.

Before ELY and HUFSTEDLER, Circuit Judges, and THOMPSON, District Judge.

ELY, Circuit Judge:

In the first two counts of a three-count indictment, Kilgore was charged with two offenses relating to his alleged transportation of certain drugs across the Mexican border into the United States. 18 U.S.C. § 545; 19 U.S.C. § 1459. In the third count he was charged with having forcibly interfered with a federal officer while the latter was engaged in the performance of his official duties. 18 U.S.C. § 2231. In a non-jury trial, Kilgore...

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