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UNITED STATES v. BRISENO-HERNANDEZ

No. 26233.

441 F.2d 1094 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Guillermo BRISENO-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 4, 1971.

Attorney(s) appearing for the Case

Manuel Aranda, Jr., of Hidalgo, Aranda & Garcia, Los Angeles, Cal., for defendant-appellant.

Harry D. Steward, U. S. Atty., Robert H. Filsinger, Chief, Criminal Division, Phillip W. Johnson, Special Asst. to U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before DUNIWAY, ELY and HUFSTEDLER, Circuit Judges.

HUFSTEDLER, Circuit Judge:

Appellant was convicted for concealing and transporting illegally imported marihuana (21 U.S.C. § 176a) and illegally imported seconal pills (18 U.S.C. § 545). The unusual twist in this case is that appellant was caught trying to carry the contraband from the United States into Mexico.

A customs agent found a large cache of marihuana and pills in burlap bags hidden in a culvert...

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