VALENZUELA-GARCIA v. UNITED STATES

No. 24789.

425 F.2d 1170 (1970)

Manuel VALENZUELA-GARCIA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

April 30, 1970.


Attorney(s) appearing for the Case

S. James Chapman, El Cajon, Cal., Manuel Valenzuela-Garcia, El Centro, Cal., for appellant.

Harry D. Steward, U. S. Atty., Phillip W. Johnson, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before ELY and KILKENNY, Circuit Judges, and BYRNE, District Judge.


BYRNE, District Judge:

Appellant Valenzuela-Garcia was convicted, in a trial without a jury, on both counts of a two-count indictment, of smuggling and concealing marijuana in violation of 21 U.S.C. § 176a2 and of concealing and facilitating the transportation and concealment of marijuana in violation of 21 U.S.C. § 176a.

The sole question presented on appeal is whether the trial court erred in finding that probable cause existed for lawful warrantless...

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