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UNITED STATES v. MARTINEZ

No. 23634.

425 F.2d 1300 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Humberto MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 23, 1970.

Attorney(s) appearing for the Case

Alvin S. Michaelson (argued), Luis H. Garcia, Los Angeles, Cal., for defendant-appellant.

Tom Kontos (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Craig Jorgensen, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BROWNING, HUFSTEDLER, and WRIGHT, Circuit Judges.

PER CURIAM:

Appellant was convicted in a trial to the court, sitting without a jury, of receiving, concealing and facilitating the transportation and concealment of marihuana in violation of 21 U.S.C. § 176a.

Appellant contends that his conviction must be reversed on the basis of the invalidation in Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969), of the section 176a presumption which authorized...

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