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UNITED STATES v. WING

No. 23969.

450 F.2d 806 (1971)

UNITED STATES of America, Appellee, v. Terry Joseph WING, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 22, 1971.

Attorney(s) appearing for the Case

Robert E. Capron (argued), of Ferguson & Capron, San Francisco, Cal., Herbert Porter, Los Angeles, Cal., for appellant.

David P. Bancroft, Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., F. Steele Langford, Chief, Crim. Div., San Francisco, Cal., for appellee.

Before BARNES and KILKENNY, Circuit Judges, and McNICHOLS, District Judge.

BARNES, Circuit Judge:

Appellant Terry Joseph Wing was indicted with three other defendants (McMullen, Franklin and McGoldrich) by a grand jury in the United States District Court, Southern District of Texas, Corpus Christi Division (No. 68-C-15), and each was charged in three counts with (a) conspiracy to smuggle marijuana from Mexico into the United States; (b) the substantive crime of smuggling 500 pounds of uninvoiced marijuana into the United States; and (c)...

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