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UNITED STATES v. BARRAGAN

No. 71-1844.

453 F.2d 386 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Linares BARRAGAN, Appellant.

United States Court of Appeals, Ninth Circuit.

December 6, 1971.

Attorney(s) appearing for the Case

J. Michael Reed (argued), of Reed & Flickinger, San Diego, Cal., for appellant.

Michael E. Quinton, Asst. U.S. Atty. (argued), Harry D. Steward, U.S. Atty., Robert H. Filsinger, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS and WRIGHT, Circuit Judges; and BYRNE, District Judge.

PER CURIAM:

The judgment of conviction in this marijuana tax case is affirmed.

Barragan was tried with his wife who was acquitted. A point is made that the case should have been severed as to the two. No motion was ever made for such severance and no real prejudice is shown.

A point is made under Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). Here no proper objection was made to lay the...

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