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UNITED STATES v. BROOKS

No. 27191 Summary Calendar.

416 F.2d 459 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel F. BROOKS, a/k/a Daniel F. Drake, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

September 22, 1969.

Attorney(s) appearing for the Case

Brooks Holman, Austin, Tex., for defendant-appellant.

Ernest Morgan, U. S. Atty., Reese L. Harrison, Jr., Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.

PER CURIAM:

Appellant urges that his conviction for violation of 21 U.S.C. § 176a is controlled by Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 [U.S. May 20, 1969], and should be reversed.1

The evidence conclusively shows and the trial court found2 that the appellant transported the marijuana in question from the Republic of Mexico into the United...

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