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UNITED STATES v. McKINNEY

No. 71-2306.

453 F.2d 1221 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Felix McKINNEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 9, 1972.

Attorney(s) appearing for the Case

Franklin Geerdes, Chula Vista, Cal., for defendant-appellant.

Harry D. Steward, U. S. Atty., Stephen G. Nelson, Asst. U. S. Atty. & Acting Chief, Criminal Div., John R. Neece, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BROWNING, WRIGHT and KILKENNY, Circuit Judges.

PER CURIAM:

A jury found McKinney guilty of two violations of 21 U.S.C. § 176a arising from his participation in an attempt to smuggle marijuana into the United States at Tecate, California. We affirm.

McKinney was arrested after a customs inspection revealed 14 kilo bricks of marijuana secreted under the seats of the automobile in which he rode as a passenger. Viewed in the light most favorable to the government, the evidence shows that he accompanied...

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