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WITT v. UNITED STATES

No. 23065.

413 F.2d 303 (1969)

Carl Gregory WITT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Certiorari Denied November 17, 1969.

Attorney(s) appearing for the Case

J. Pierce Harris (argued) of Freeman & Harris, National City, Cal., for appellant.

Edwin L. Miller, U. S. Atty., Joseph A. Milchen, Asst. U. S. Atty., San Diego, Cal. (no argument by govt.) for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and BYRNE, District Judge.

Certiorari Denied November 17, 1969. See 90 S.Ct. 272.

BYRNE, District Judge:

On March 14, 1968, the appellant was indicted on a charge of smuggling marihuana in violation of U.S.C. Title 21, Section 176a. He was convicted in a trial by the Court without a jury.

The appellant contends that Section 176a of the Statute under which he was convicted is unconstitutional, and relies upon Marchetti v. United States, 390 U.S. 39

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