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UNITED STATES v. WERTZ

No. 71-1369.

447 F.2d 451 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Lee WERTZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 16, 1971.

Attorney(s) appearing for the Case

Frederick Cohn (argued), Joseph T. Garlovsky, Julius Lucius Echeles, Chicago, Ill., for defendant-appellant.

Brian E. Michael, Asst. U. S. Atty. (argued), Harry Steward, U. S. Atty., Robert H. Filsinger, Chief, Crim. Div., San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS and BARNES, Circuit Judges, and WM. M. BYRNE, Sr., District Judge.

BARNES, Circuit Judge:

Appellant, convicted of the unlawful smuggling of marijuana into the United States (21 U.S.C. § 176a), urges six errors exist. They are:

(1) Insufficient proof the smuggled substance was marijuana; (2) Failure of the Court to define marijuana; (3) Lack of proof the marijuana was not invoiced; (4) The illegality of the "second" search of the defendant; (5) The prosecutor's argument that defendant...

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