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UNITED STATES v. GUADALUPE-GARZA

No. 23821.

421 F.2d 876 (1970)

UNITED STATES of America, Appellant, v. Jose GUADALUPE-GARZA, Appellee.

United States Court of Appeals, Ninth Circuit.

February 2, 1970.

Attorney(s) appearing for the Case

William J. Zumwalt (argued), San Diego, Cal., for appellant.

Shelby R. Gott (argued), Joseph A. Milchen, Asst. U. S. Attys., Edwin L. Miller, U. S. Atty., San Diego, Cal., for appellee.

Before ELY and HUFSTEDLER, Circuit Judges, and THOMPSON, District Judge.

HUFSTEDLER, Circuit Judge:

Appellant appeals from a judgment convicting him for a violation of 21 U. S.C. § 174 (smuggling heroin) and a violation of 18 U.S.C. § 111 (assaulting a federal officer). A five-year sentence was imposed on the first count, and a three-year sentence on the second, the sentences to run concurrently. A third count, charging him with a violation of 18 U.S.C. § 1407 (failure to register...

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