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UNITED STATES v. BOWEN

No. 72-1012.

462 F.2d 347 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. John Lee BOWEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 24, 1972.

Attorney(s) appearing for the Case

Michael D. Nasatir (argued), of Nasatir, Sherman & Hirsch, Beverly Hills, Cal., for defendant-appellant.

Shelby R. Gott (argued), Asst. U.S. Atty., Stephen G. Nelson, Asst. U.S. Atty., Harry D. Steward, U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before MERRILL and GOODWIN, Circuit Judges, and LYDICK, District Judge.

PER CURIAM:

John Lee Bowen appeals his conviction, following a jury trial, for violation of 21 U.S.C. 176(a) and 21 U.S.C. 331(q)(3)(B) (smuggling and transporting smuggled marijuana and possession of depressant and stimulant drugs).

While searching Bowen's rented camper for aliens, Immigration Officer Ortmeier first smelled and then found in the camper nearly 356 pounds of marijuana bricks of the type and packaged in the manner that usually comes from Mexico...

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