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UNITED STATES v. NEWTON

No. 25660.

442 F.2d 622 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Warren Russell NEWTON, Defendant Appellant.

United States Court of Appeals, Ninth Circuit.

May 11, 1971.

Attorney(s) appearing for the Case

Harry D. Steward, U. S. Atty., Brian E. Michaels, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

James D. Boughey, of Dorr, Cooper & Hays, San Francisco, Cal., for defendant-appellant.

Before MERRILL, KOELSCH and WRIGHT, Circuit Judges.

PER CURIAM:

Following conviction by a jury in district court of two counts of smuggling 64 pounds of marijuana and concealment and facilitating the transportation of marijuana, 21 U.S.C. § 176a, Newton appeals. We affirm.

Appellant contends that the marijuana used in evidence against him was a product of an unlawful search. He did not move the trial court to suppress it, and we will not consider on appeal a point not raised in the trial court. United...

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