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UNITED STATES v. LEYVA-BARRAGAN

Nos. 22723-4.

423 F.2d 669 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Louis LEYVA-BARRAGAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Otila NAVAIRA-PEREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 23, 1970.

Attorney(s) appearing for the Case

Joseph C. Raineri (argued), Phoenix, Ariz., for Leyva-Barragan.

Anita Lewis (argued), Phoenix, Ariz., for Navaira-Perez.

John Augustine (argued), Jo Ann D. Diamos, Asst. U. S. Attys., Richard K. Burke, U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before MADDEN, Judge of the United States Court of Claims, and MERRILL and HUFSTEDLER, Circuit Judges.

MERRILL, Circuit Judge.

These appeals are taken from convictions of violations of 21 U.S.C. § 176a for having received, concealed and facilitated the transportation and concealment of marijuana. The case must be remanded for new trial under Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969), handed down after trial but during pendency of this appeal and made applicable...

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