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UNITED STATES v. SCOTT

No. 71-1272.

446 F.2d 509 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip Andrew SCOTT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 6, 1971.

Attorney(s) appearing for the Case

Joel W. H. Kleinberg (argued), Los Angeles, Cal., for defendant-appellant.

David Fox, Asst. U. S. Atty. (argued), J. Kent Steele, Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH and HUFSTEDLER, Circuit Judges, and WALLACE, District Judge.

HUFSTEDLER, Circuit Judge:

Scott appeals from his conviction for violating 21 U.S.C. § 176a. It is Scott's second trip to this court. His prior appeal resulted in a reversal for error in instructing the jury upon the inference from section 176a, held unconstitutional in part in Leary v. United States (1969) 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57. (United States v. Scott (9th Cir. en banc 1970) 425 F.2d 55

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