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UNITED STATES v. BRANCH

No. 72-2982.

483 F.2d 955 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Allen BRANCH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 17, 1973.

Attorney(s) appearing for the Case

H. W. Bailey (argued), Fresno, Cal., for defendant-appellant.

Thomas T. Couris, Asst. U. S. Atty. (argued), Dwayne Keyes, U. S. Atty., Fresno, Cal., for plaintiff-appellee.

Before MERRILL and BROWNING, Circuit Judges, and BATTIN, District Judge.

PER CURIAM:

Branch appeals his conviction for possession of marihuana in violation of 21 U.S.C. § 844, a misdemeanor under federal laws. Because of a tip from a reliable informer that appellant possessed "a certain quantity of marihuana or hashish" in his car and had just "`smoked a joint' . . . with another person [the informer]," he was stopped by rangers upon entering Yosemite National Park. Both his vehicle and person...

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