UNITED STATES v. SUTTON

No. 26330.

446 F.2d 916 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Paul David SUTTON, Jr., Defendant. Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 18, 1971.


Attorney(s) appearing for the Case

J. William Brammer, Jr., of DeConcinin & McDonald, Tucson, Ariz., for defendant-appellant.

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

Before HAMLEY, CARTER and TRASK, Circuit Judges.


JAMES M. CARTER, Circuit Judge.

Appellant was convicted and sentenced for importing marihuana contrary to law in violation of 21 U.S.C. § 176a. His contentions on appeal are:

1. The trial court committed plain error in its instruction to the jury;

2. The evidence was insufficient to sustain the conviction;

3. His privilege against self-incrimination was violated;

4. The trial court erred when it denied his motion for a mistrial...

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