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UNITED STATES v. ALVAREZ

No. 72-2226.

469 F.2d 1065 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio ALVAREZ, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 29, 1972.

Attorney(s) appearing for the Case

Richard M. Davis (argued), Tucson, Ariz., for defendant-appellant.

W. Ronald Jennings, Asst. U. S. Atty. (argued), James E. Mueller, Asst. U. S. Atty., William C. Smitherman, U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before MERRILL and GOODWIN, Circuit Judges, and SKOPIL, District Judge.

SKOPIL, District Judge:

Sergio Alvarez, Jr., appellant, was convicted of importing marijuana in violation of 21 U.S.C. § 952(a) and possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a) (1).

The charges arose out of a border search of an automobile which appellant was driving from Nogales, Sonora, Mexico, to his home in Nogales, Arizona. A quantity of marijuana was found in a false gasoline tank in the undercarriage...

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