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UNITED STATES v. FITHIAN

No. 71-2044.

452 F.2d 505 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen George FITHIAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 10, 1971.

Attorney(s) appearing for the Case

Franklyn N. Brown, Tigard, Or., for defendant-appellant.

Michael L. Morehouse, Asst. U. S. Atty., Sidney I. Lezak, U. S. Atty., Portland, Or., for plaintiff-appellee.

Before CHAMBERS, MERRILL and KILKENNY, Circuit Judges.

MERRILL, Circuit Judge:

This appeal is taken from conviction of conspiracy to smuggle marijuana in violation of 21 U.S.C. § 176a and from sentence imposed under that section.

Conviction

We find no merit in appellant's attacks on his conviction.

Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1968), does not require reversal since no resort here was had to the presumption with which...

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