UNITED STATES v. TERRY

No. 26691.

446 F.2d 579 (1971)

UNITED STATES of America, Appellee, v. Gregory T. TERRY, Appellant.

United States Court of Appeals, Ninth Circuit.

July 13, 1971.


Attorney(s) appearing for the Case

J. Frank McCabe (argued), James P. Hagerstrom, San Diego, Cal., for appellant.

Clifton F. White, Asst. U. S. Atty., (argued), Harry D. Steward, U. S. Atty., Robert H. Filsinger, Chief, Crim. Div., Lyn I. Goldbert, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before JERTBERG, DUNIWAY and KILKENNY, Circuit Judges.


KILKENNY, Circuit Judge:

Appellant was convicted in a jury trial of transportation of marihuana in violation of 21 U.S.C. § 176a. Following conviction, he was committed to the custody of the Attorney General for imprisonment under § 5010(b) of the Youth Corrections Act, 18 U.S.C. § 5005, et seq. He appeals. We affirm.

FACTS

About 7:50 P.M. on March 15, 1969, co-defendant Lucy Cook, a pedestrian, crossed the Mexican border into the...

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