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UNITED STATES v. GONZALES

No. 24897.

424 F.2d 1055 (1970)

UNITED STATES of America, Appellee, v. Manuel GONZALES, Appellant.

United States Court of Appeals, Ninth Circuit.

April 16, 1970.

Attorney(s) appearing for the Case

William N. Fielden, La Jolla, Cal., for appellant.

Harry D. Steward, U. S. Atty., San Diego, Cal., for appellee.

Before CARTER, WRIGHT and KILKENNY, Circuit Judges.

PER CURIAM:

Gonzales was convicted by a jury for violation of 21 U.S.C. § 176a, conspiring to smuggle marihuana into the United States. Following sentence, he appeals.

Gonzales claims that § 176a violates his constitutional privilege against selfincrimination. No record was made below to support this claim.

Section 176a, in prohibiting smuggling marihuana into the United States, does not violate a defendant's privilege against self-incriminaton...

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