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UNITED STATES v. SANTOS

No. 25050.

430 F.2d 1295 (1970)

UNITED STATES of America, Appellee, v. Joseph SANTOS, Appellant.

United States Court of Appeals, Ninth Circuit.

August 13, 1970.

Attorney(s) appearing for the Case

Joseph Michael Smith (argued), F. Emmett Fitzpatrick, Fitzpatrick & Smith, Philadelphia, Pa., Barton C. Sheela, Jr., Sheela, Lightner, Hughes, Hilman & Castro, San Diego, Cal., for appellant.

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

Before KOELSCH and DUNIWAY, Circuit Judges, and CRARY, District Judge.

PER CURIAM.

Appeal by Joseph Santos from a judgment dismissing his motion pursuant to 28 U.S.C. § 2255.

The sole question concerns the application of the rule declared by the Supreme Court in Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968).

Santos and two others, Lamenca and Meza-Bustamonte, were convicted, following a joint trial of smuggling...

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