PER CURIAM:
The judgment of conviction is affirmed.
This was a conviction for smuggling and transporting marijuana (21 U.S.C. § 176a). Johnston was caught at the Mexican border.
Here he contends he was entitled to an instruction on "lesser included offense," to-wit: 18 U.S.C. § 545: smuggling merchandise (without invoicing) into the United States with intent to defraud.
In another case, the contention might be correct. But here it...
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