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UNITED STATES v. SIMMONS

No. 71-2028.

457 F.2d 763 (1972)

UNITED STATES of America, Appellee, v. Marvin SIMMONS, Appellant.

United States Court of Appeals, Ninth Circuit.

March 13, 1972.

Attorney(s) appearing for the Case

E. Mark Himelstein (argued), Tim M. Savinar, of Penrod, Himelstein, Savinar & Sims, San Francisco, Cal., for appellant.

Daniel E. Ahlstrom, Asst. U. S. Atty. (argued), Alan B. Andrews, Asst. U. S. Atty., Las Vegas, Nev., for appellee.

Before KOELSCH and GOODWIN, Circuit Judges, and CARR, District Judge.

PER CURIAM:

Marvin Simmons was convicted, following a trial to the court, of violating the Dyer Act (18 U.S.C. § 2312). On this appeal from the ensuing judgment of conviction, he urges two errors. Neither has merit.

First: The court acted well within its discretion in refusing to permit cross-examination of a government witness concerning the precise location on the automobile of the manufacturer's "secret numbers" to which the witness resorted...

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