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UNITED STATES v. GUDINO

No. 24482.

432 F.2d 433 (1970)

UNITED STATES of America, Appellee, v. Albert GUDINO, Appellant.

United States Court of Appeals, Ninth Circuit.

September 29, 1970.

Attorney(s) appearing for the Case

Norman Reitz, San Francisco, Cal., for appellant.

Robert L. Meyer, U. S. Atty., Howard B. Frank, Asst. U. S. Atty., Robert L. Brosio, Chief, Criminal Division, Arnold G. Regardie, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before MERRILL and ELY, Circuit Judges, and JAMESON, District Judge.

PER CURIAM:

Convicted of an offense proscribed by 21 U.S.C. § 174, Gudino appeals. He urges reversal for three reasons, none of which has merit.

It is first contended that the evidence is insufficient to support the conviction. While one of the Government's witnesses testified that he actually saw Gudino discard a packet of heroin, Gudino argues, in effect, that this testimony should be wholly discounted because...

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