UNITED STATES v. PYLE

No. 24149.

424 F.2d 1013 (1970)

UNITED STATES of America, Appellee, v. Gary Thomas PYLE, Appellant.

United States Court of Appeals, Ninth Circuit.

April 3, 1970.


Attorney(s) appearing for the Case

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

William C. Smitherman (argued), Asst. U. S. Atty., Richard K. Burke, Tucson, Ariz., U. S. Atty., for appellee.

Before HAMLEY and KILKENNY, Circuit Judges, and GOODWIN, District Judge.


HAMLEY, Circuit Judge.

Gary Thomas Pyle appeals from his conviction on a charge of bringing two pounds of marihuana into the United States from Mexico on December 4, 1968, in violation of 21 U.S.C. § 176a.

Pyle first argues that the Government failed to prove his "entry" into the United States from Mexico. He suggests that it cannot be ascertained from the Government's evidence whether he entered from Mexico or merely drove around the United States port...

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