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UNITED STATES v. PEYTON

Nos. 71-1740, 71-2157.

454 F.2d 213 (1972)

UNITED STATES of America, Plaintiff and Appellee, v. Luis Kaiser PEYTON, Appellant. UNITED STATES of America, Plaintiff and Appellee, v. Jose Agusto MARIN, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 2, 1972.

Attorney(s) appearing for the Case

Phillip DeMassa, San Diego, Cal., for appellant Luis Kaiser Peyton.

Paul Newberry, La Jolla, Cal., for appellant Jose Agusto Marin.

Harry D. Steward, U. S. Atty., Stephen G. Nelson., Asst. U. S. Atty. & Acting Chief, Crim.Div., Phillip W. Johnson, Sp. Asst. U. S. Atty., San Diego, Cal., for plaintiff and appellee.

Before CHAMBERS, DUNIWAY and TRASK, Circuit Judges.

Rehearing Denied in No. 71-1740 March 2, 1972.

PER CURIAM:

The judgments of conviction as to each defendant and as to each count are affirmed.

The counts involved the transportation of aliens, 8 U.S.C. § 1324.

A question of sufficiency of the evidence as to each defendant is raised. We find the evidence adequate.

The evidence showed that Marin launched the enterprise and Peyton carried it out. One Madden, later a government witness...

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