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UNITED STATES v. CONTRERAS

No. 72-1244.

463 F.2d 773 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Martin CONTRERAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 25, 1972.

Attorney(s) appearing for the Case

Philip DeMassa (argued), San Diego, Cal., for defendant-appellant.

Lyn Goldberg, Asst. U. S. Atty. (argued), Stephen G. Nelson, Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before ELY and CHOY, Circuit Judges, and KELLEHER, District Judge.

PER CURIAM:

Frank M. Contreras appeals his conviction by a jury of smuggling, knowingly receiving, concealing, and facilitating the transportation and concealment within the United States of nearly two million amphetamine tablets, and of conspiring to commit the substantive crimes, in violation of 18 U.S.C. §§ 371 and 545. We reverse and remand for a new trial.

The jury received the case on a Friday afternoon, and deliberated for forty minutes without...

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