UNITED STATES v. CASTRO-CASTRO

No. 71-1682.

464 F.2d 336 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Joaquin CASTRO-CASTRO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied September 11, 1972.


Attorney(s) appearing for the Case

Philip A. De Massa (argued), San Diego, Cal., for defendant-appellant.

Shelby Gott, Asst. U. S. Atty. (argued), Howard B. Frank, Robert H. Filsinger, Asst. U. S. Attys., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before MERRILL and ELY, Circuit Judges, and GRAY, District Judge.


Rehearing and Rehearing En Banc Denied September 11, 1972.

GRAY, District Judge:

This is an appeal from the conviction of the appellant of the offense of having smuggled 155 pounds of marijuana into the United States from Mexico, in violation of 21 U.S.C. § 176a. We affirm.

The evidence at the trial was undisputed that on October 3, 1970, the defendant, a resident of Mexico, sought to enter California as the driver and sole occupant of a 1965...

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