UNITED STATES v. RODRIGUEZ

No. 71-2287.

452 F.2d 1146 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Roy RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 3, 1972.


Attorney(s) appearing for the Case

Wesley C. Blake, San Diego, Cal., for defendant-appellant.

Harry D. Steward, U. S. Atty., Stephen G. Nelson, Asst. U. S. Atty., and Acting Chief, Crim. Div., Catherine A. Chandler, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before MERRILL, BROWNING and CHOY, Circuit Judges.


CHOY, Circuit Judge:

Roy Rodriguez appeals from a jury verdict convicting him of importation and transportation of heroin in violation of 21 U.S.C. § 174 and of conspiracy to commit the substantive crimes. He received five years on each of the three counts, to run concurrently. We affirm.

On November 21, 1970, Rodriguez drove his automobile into the United States at the San Ysidro port of entry. He and his female companion, Miss James, were returning...

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