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GARCIA DE LA ROSA v. UNITED STATES

No. 23145.

418 F.2d 562 (1969)

Ernest GARCIA DE LA ROSA, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals Ninth Circuit.

November 24, 25, 1969.

Attorney(s) appearing for the Case

Grant Shimizu (argued), San Jose, Cal., for appellant.

Irving Prager (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Crim. Div., Arnold G. Regardie, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before HAMLIN, MERRILL and KILKENNY, Circuit Judges.

HAMLIN, Circuit Judge:

Ernest Garcia De La Rosa, appellant herein, and one Manuel L. Lopez were indicted in the United States District Court for the Central District of California on April 12, 1967, charged with two counts of violation of 21 U.S.C. § 174 and one count of violation of 26 U.S.C. § 4705(a).1 They were jointly tried to a jury and both were found guilty on all three counts. The conviction of Lopez has been affirmed...

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