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UNITED STATES v. CLAYTON

Nos. 25975, 25976.

435 F.2d 1299 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Melvin Morris CLAYTON and Lester M. Green, Appellants.

United States Court of Appeals, Ninth Circuit.

December 7, 1970.

Attorney(s) appearing for the Case

Earle Partington (argued), James P. Hagerstrom, of Defenders, Edward A. Infante, of Defenders, San Diego, Cal., for appellant Clayton.

Harold D. Dickstein (argued), San Diego, Cal., for appellant Green.

Joseph A. Milchen (argued), Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for appellee.

Before CHAMBERS, HAMLEY and KILKENNY, Circuit Judges.

PER CURIAM:

On September 5, 1969, Green rented a car and equipped it with overload shock absorbers in the rear. The following day, his good friend Clayton drove the car to Tijuana, and parked it in the lot at the Caliente race track. Later the aliens were discovered in the trunk of the car when Clayton crossed the border at San Ysidro, California.

Clayton was convicted of conspiracy, smuggling and transporting aliens in violation of 8 U.S.C. § 1324 and...

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