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UNITED STATES v. PHYE

No. 25652.

437 F.2d 364 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard Wesley PHYE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 29, 1971.

Attorney(s) appearing for the Case

Charles R. Hand, South Pasadena, Cal., for defendant-appellant.

Richard L. Jaeger (appeared), Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Los Angeles, Cal., for plaintiff-appellee.

Before BROWNING, HUFSTEDLER, and TUTTLE, Circuit Judges.

PER CURIAM:

Appellant Phye appeals from his conviction for smuggling 534 parrots into the United States from Mexico in violation of 18 U.S.C. § 545.

While Phye was in Mexico, he arranged with Porfirio Ruelas for Ruelas to pick up the parrots in Mexico, conceal them at the border, and deliver them to Phye in this country. Phye helped load the parrots in Ruelas' car, paid Ruelas $170 for the job, and retrieved the parrots in the United States. Until after...

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