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UNITED STATES v. BOTHWELL

No. 71-2320.

465 F.2d 217 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. James Michael BOTHWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 3, 1972.

Attorney(s) appearing for the Case

Richard G. Sherman, Beverly Hills, Cal., for appellant.

Harry D. Steward, U. S. Atty., Robert H. Filsinger, Brian E. Michales, James W. Meyers, Stephen G. Nelson, Asst. U. S. Attys., San Diego, Cal., for appellee.

Before HAMLEY, BROWNING and CHOY, Circuit Judges.

HAMLEY, Circuit Judge:

James Michael Bothwell appeals his conviction of smuggling and transporting marijuana, in violation of 21 U.S.C. § 176a. On appeal, defendant's sole contention is that the in-court identification of defendant by Special Agent Prentice N. White was tainted by a prior identification of defendant obtained in violation of the lineup rule announced in United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed...

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