BYRNE, District Judge.
On May 3, 1968, the appellant drove a 1959 light green Buick into the United States from Mexico at Calexico, California, making a negative customs declaration. A search of the Buick revealed three packages of marijuana.
In a one count indictment the appellant was charged, pursuant to 21 U.S.C. § 176a, "with intent to defraud the United States, knowingly smuggled and clandestinely introduced into the United States from Mexico approximately...
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