UNITED STATES v. SIMON

No. 22678.

424 F.2d 1049 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Edward SIMON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 4, 1970.


Attorney(s) appearing for the Case

Murray Miller, Phoenix, Ariz. (argued), Joseph Soble, Tucson, Ariz., for appellant.

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

Before BROWNING, ELY and HUFSTEDLER, Circuit Judges.


PER CURIAM:

Defendant was convicted by a jury of importing marihuana and hashish contrary to law in violation of 21 U.S.C. § 176a, and of importing amphetamines and barbiturates contrary to law in violation of 18 U.S.C. § 545. He was sentenced to five years on the section 176a charge and two years on the section 545 charge, the sentences to run concurrently.

Defendant's contention that section 176a violates his privilege against self-incrimination...

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