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UNITED STATES v. MONDESI-CRUZ

No. 71-1769.

449 F.2d 429 (1971)

UNITED STATES of America, Appellee, v. Amilcar MONDESI-CRUZ, Appellant.

United States Court of Appeals, Ninth Circuit.

August 31, 1971.

Attorney(s) appearing for the Case

Edward A. Infante, of Pedersen & Flowers, San Diego, Cal., for appellant.

Harry D. Steward, U. S. Atty., Robert H. Filsinger, Chief, Crim. Div., Brian E. Michaels, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before HAMLEY, HUFSTEDLER, and KILKENNY, Circuit Judges.

PER CURIAM:

Mondesi-Cruz appeals from his conviction upon two counts of an indictment charging him with violations of 21 U.S.C. § 176a. Cruz was arrested at the border when four kilos of marihuana were discovered in the interior of the spare tire of the car that he was driving.

The sole basis of his appeal is his contention that proof of the commercial value of the marihuana is an essential element of the offense, citing Current v. United States (9th...

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