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UNITED STATES v. MONTGOMERY

No. 26067.

440 F.2d 694 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Cleve MONTGOMERY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 17, 1971.

Attorney(s) appearing for the Case

Philip N. Andreen, San Diego, Cal., for appellant.

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

Before BARNES, KOELSCH and WRIGHT, Circuit Judges.

PER CURIAM:

Robert Cleve Montgomery appeals from a judgment convicting him on both counts in an indictment which charged him — together with Ernest Bethel and Leora Nixon — with a violation of 18 U. S.C. § 545 (smuggling merchandise into the United States, i. e., approximately 50,000 seconal capsules and an equal number of amphetamine tablets) and of 18 U.S.C. § 371 (conspiring with said co-defendants and one Carol George to smuggle said merchandise...

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