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BETTIS v. UNITED STATES

Nos. 22532, 22532-A.

408 F.2d 563 (1969)

James Stewart BETTIS and Robert Edward Nelson, III, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 27, 1969.

Attorney(s) appearing for the Case

J. Emery Barker, Tucson, Ariz. (argued), for appellant Bettis.

Arthur R. Buller, Tucson, Ariz. (argued), for appellant Nelson.

Philip S. Malinsky (argued), Asst. U. S. Atty., Edward E. Davis, U. S. Atty., Tucson, Ariz., for appellee.

Before JOHNSEN, BARNES and DUNIWAY, Circuit Judges.

Rehearing Denied in No. 22532, February 27, 1969.

JOHNSEN, Circuit Judge.

Appellants were convicted on a joint charge of bringing 22 pounds of marihuana into the United States from Mexico in violation of 21 U.S.C. § 176a. We affirm as to appellant Bettis, but reverse as to appellant Nelson.

The marihuana was discovered by customs officers in a routine search of an automobile at the port of entry at Nogales, Arizona, where the car had crossed the...

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