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PLASCENCIA-PLASCENCIA v. UNITED STATES

No. 23699.

423 F.2d 803 (1970)

Ramiro PLASCENCIA-PLASCENCIA, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 5, 1970.

Attorney(s) appearing for the Case

Alexander Brainerd (argued), of Bronson, Bronson & McKinnon, Victor Bacigalupi, San Francisco, Cal., for appellant.

Lawrence E. Turoff (argued), Asst. U. S. Atty., Edward E. Davis, U. S. Atty., Phoenix, Ariz., for appellee.

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

BYRNE, District Judge:

The appellant entered the United States on April 30, 1968, at San Luis, Arizona, driving a Ford automobile. He gave a negative reply to the usual questions as to whether he had any merchandise to declare. A search of the vehicle revealed 152 kilograms of marijuana. Appellant denied knowing that the marijuana was in the car. He claimed to have borrowed the car from a friend.

The indictment charged that the appellant did, with intent to...

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