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UNITED STATES v. OLIVEREZ

No. 72-1783.

469 F.2d 337 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Louis OLIVEREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 3, 1972.

Attorney(s) appearing for the Case

Kevin J. McInerney (argued), of McInerney, Milchen & Frank, San Diego, Cal., for defendant-appellant.

E. Mac Amos, Asst. U. S. Atty. (argued), Stephen G. Nelson, R. Michael Bruney, Thomas M. Coffin, Asst. U. S. Attys., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and EAST, District Judge.

PER CURIAM:

The appellant was convicted, upon ample evidence, of smuggling marihuana into the United States from Mexico.

The only issue on appeal is the claim of error in the district court's denial of a motion to dismiss the indictment because the grand jury proceedings had not been recorded. The point was explored and decided adversely to appellant in United States v. Thoresen (9th Cir. 1970) 428 F.2d 654, to which...

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