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UNITED STATES v. WELLS

No. 24957.

430 F.2d 225 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Scott WELLS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 27, 1970.

Attorney(s) appearing for the Case

Michael S. Hegner (argued), of Hecsh, Hegner & Philbin, San Diego, Cal., for appellant.

Ann Bowen (argued), Asst. U. S. Atty., Richard K. Burke, U. S. Atty., JoAnn Diamos, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before MADDEN, Judge, United States Court of Claims, DUNIWAY and KILKENNY, Circuit Judges.

DUNIWAY, Circuit Judge:

On February 18, 1969, Wells was indicted on three counts, which charged, Count I, bringing 305 pounds of marihuana across the border in violation of 21 U.S.C. § 176a, Count II, failure to pay the tax on marihuana in violation of 26 U.S.C. § 4744(a), and Count III, bringing in merchandise (¾ of a pound of peyote) without unladening it for customs inspection in violation of 18 U.S. C. § 545. Wells pleaded not guilty on all...

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