UNITED STATES v. TRUJILLO-TIRADO

No. 71-1427.

448 F.2d 1269 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Alfonso TRUJILLO-TIRADO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 11, 1971.


Attorney(s) appearing for the Case

Philip DeMassa, of Defender's Inc., San Diego, Cal., for defendant-appellant.

Harry D. Steward, U. S. Atty., Robert H. Filsinger, Chief, Crim. Div., James W. Brannigan, Jr., Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before KOELSCH, BROWNING and ELY, Circuit Judges.


PER CURIAM:

Appellant was convicted of smuggling marihuana in violation of 21 U.S.C. § 176a. We affirm.

Appellant and an unidentified passenger entered this country from Mexico at the port of entry at Calexico, California. A search of appellant's vehicle revealed marihuana inside a spare tire in the trunk. Appellant testified that he did not know his passenger, but had picked him up at a gas station near the border, and that the passenger had placed a...

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