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UNITED STATES v. SANDERS

No. 72-1545.

466 F.2d 673 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. John Thomas SANDERS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 26, 1972.

As Amended November 1, 1972.

Attorney(s) appearing for the Case

Peter D. Beren, of Myers & Beren, Tucson, Ariz., for defendant-appellant.

William C. Smitherman, U. S. Atty., James M. Wilkes, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before KOELSCH, DUNIWAY and CHOY, Circuit Judges.

PER CURIAM:

A border search of an automobile, of which Sanders was the owner, driver and sole occupant, revealed some 90 pounds of marijuana concealed in a secret compartment at the back of the rear seat. Following a jury trial, Sanders was convicted of the unlawful possession [21 U.S.C. § 841(a)(1)] and importation of marihuana [21 U.S.C. § 952(a)], and sentenced to concurrent terms of five years on each of the two counts.

On this appeal Sanders...

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