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UNITED STATES v. FIERRO-SOZA

Nos. 72-1699, 72-1617.

467 F.2d 484 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Joe FIERRO-SOZA, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jesse FIERRO-SOZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied January 22, 1973.

Attorney(s) appearing for the Case

J. Peter Mohn (argued), of Boyce, Pike & Mohn, San Diego, Cal., for defendants-appellants.

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

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and GRAY, District Judge.

PER CURIAM:

The judgment of conviction of Jesse Fierro-Soza is reversed, the record disclosing insufficient evidence of his possession of the marijuana. Upon remand, the indictment against this defendant will be dismissed.

The judgment of conviction of Joe Fierro-Soza is affirmed. The comments of the prosecutor in his closing argument did constitute misconduct, as the appellant contends. However, the corrective action...

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