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PETLEY v. UNITED STATES

No. 23879.

427 F.2d 1101 (1970)

Herbert Charles PETLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

June 5, 1970.

Attorney(s) appearing for the Case

Hugh R. Manes (argued), of Stewart, Finkel & Manes, Los Angeles, Cal., for appellant.

Henry J. Novak, Jr. (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Chief, Criminal Division, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before HAMLEY and CARTER, Circuit Judge, and CROCKER, District Judge.

JAMES M. CARTER, Circuit Judge:

Appellant was charged with knowingly receiving, concealing and facilitating the transportation and concealment of hashish (refined marihuana) which he knew had been imported into the United States contrary to law. 21 U.S.C. § 176a. He was found guilty and sentenced to five years and six months in prison. On appeal he raises the following contentions:

(1) That it was error to instruct the jury under the provisions of 21...

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