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UNITED STATES v. WEBER

No. 25107.

429 F.2d 148 (1970)

UNITED STATES of America, Appellee, v. Roger D. WEBER, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 14, 1970.

Attorney(s) appearing for the Case

Roger Dean Weber, pro. per.

Richard K. Burke, U. S. Atty., Stanley L. Patchell, Ass't. U. S. Atty., Tucson, Ariz., for appellee.

Before CHAMBERS, CARTER and KILKENNY, Circuit Judges.

KILKENNY, Circuit Judge:

Appellant, on September 27, 1968, was arrested, in his automobile, at a border inspection station as he attempted to enter the United States from Mexico with approximately 40 pounds of marihuana in his possession. He was indicted on two counts: (I) a violation of 21 U.S.C. § 176a (smuggling) and (II) a violation of 26 U.S.C. § 4744(a) (the marihuana stamp tax). Plea bargaining resulted in...

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