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MENDEZ v. UNITED STATES

No. 24548.

429 F.2d 124 (1970)

Raymond R. MENDEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

June 30, 1970.

Attorney(s) appearing for the Case

Philip N. Andreen (argued), San Diego, Cal., for appellant.

Shelby R. Gott (argued), Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for appellee.

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

BYRNE, District Judge:

About 10:40 P.M., on November 11, 1968, Mendez drove a 1956 Buick into the United States from Mexicali, accompanied by the co-defendant, Beverly Medina. Both made a negative customs declaration. The trunk of the car contained a square metal box, which was covered by a rug and was accessible only from the rear seat.

A search of the car revealed 165 pounds of marijuana concealed in the metal box. In Mendez's wallet was found a manila envelope...

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