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UNITED STATES v. LITTLEPAGE

No. 71-1692.

450 F.2d 944 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James Everett LITTLEPAGE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 8, 1971.

Attorney(s) appearing for the Case

James Everett Littlepage (argued), J. Frank McCabe, Federal Defender, San Diego, Cal., for defendant-appellant.

Shelby Gott, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., Robert H. Filsinger, Chief, Crim. Div., Joseph A. Milchen, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS and WRIGHT, Circuit Judges, and BATTIN, District Judge.

PER CURIAM:

The conviction of appellant on a two-count indictment of smuggling marihuana and merchandise in violation of 21 U.S.C. § 176a and 18 U.S.C. § 545, respectively, is confirmed. This decision is based on the merits of appellant's contentions.

Appellant's contention that the United States failed to prove that he smuggled or clandestinely introduced merchandise into the United States is without merit...

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