UNITED STATES v. ZUMPANO

No. 25314.

436 F.2d 535 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Anthony ZUMPANO, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 23, 1970.


Attorney(s) appearing for the Case

Arthur Schwartz, Los Angeles, Cal., for defendant-appellant.

Richard K. Burke, U. S. Atty., James M. Wilkes, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before DUNIWAY and KILKENNY, Circuit Judges, and PLUMMER, District Judge.


PLUMMER, District Judge.

On September 30, 1969, appellant (Zumpano) was tried and convicted by a jury in the United States District Court for the District of Arizona of the offense of importation of marijuana in violation of 21 U.S.C.A. § 176a. A timely appeal was taken to this court which has jurisdiction under 28 U.S.C.A. § 1291.

Zumpano denies knowledge of the presence of the marijuana in the car he was driving and suggests that it was secreted...

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