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UNITED STATES v. BONDS

No. 25937.

435 F.2d 164 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Mack Cleo BONDS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 20, 1970.

Attorney(s) appearing for the Case

Philip N. Andreen, San Diego, for defendant-appellant.

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

Before BARNES, BROWNING, and DUNIWAY, Circuit Judges.

PER CURIAM:

Mack Cleo Bonds was found guilty of knowingly smuggling merchandise into the United States without having it invoiced. 18 U.S.C. § 545. The only proof supporting the verdict is evidence that he was a passenger in a car rented and driven by his codefendant, that he appeared "to be tense and not at ease" when the car was stopped at the border, and that a search of the car revealed a substantial amount of narcotics hidden under the back seat.

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