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FUMAGALLI v. UNITED STATES

No. 25227.

429 F.2d 1011 (1970)

Frank Thomas FUMAGALLI, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

August 3, 1970.

Attorney(s) appearing for the Case

Martin Malone, San Diego, Cal., for appellant.

Harry D. Steward, U. S. Atty., Joseph A. Milchen, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before MERRILL and HUFSTEDLER, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge:

Appellant Frank Fumagalli has asked this Court to reverse his conviction, imposed in a trial without jury, for violating 18 U.S.C. § 545. Fumagalli and three other persons were charged by Information1 with smuggling marihuana, benzedrine, and dexedrine tablets into the United States. They were arrested by Border Patrol inspectors after a package of marihuana was discovered in the trunk of the car in which they...

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