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QUIJADA GAXIOLA v. UNITED STATES

No. 25774.

435 F.2d 264 (1970)

Jose Manuel QUIJADA GAXIOLA, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Ninth Circuit.

November 27, 1970.

Attorney(s) appearing for the Case

Richard Burke, U. S. Atty., Morton Sitver, Asst. U. S. Atty., Phoenix, Ariz., for appellant.

Jose Manuel Quijada Gaxiola, in pro. per.

Before HAMLEY, ELY and WRIGHT, Circuit Judges.

HAMLEY, Circuit Judge:

In this proceeding under 28 U.S.C. § 2255, Jose Manuel Quijada Gaxiola wants the court to set aside his conviction, under 26 U.S.C. § 4744(a), for failure to pay the marihuana transferee taxes provided for in 26 U.S.C. §§ 4741 and 4771. The district court granted the application and the United States appeals.

On September 27, 1967, appellee was indicted at Phoenix, Arizona...

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