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UNITED STATES v. ALVAREZ

No. 72-2706.

472 F.2d 111 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Aurelio Salomon ALVAREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 20, 1973.

Attorney(s) appearing for the Case

Charles M. Sevilla (argued), Federal Defenders, Inc., San Diego, Cal., for defendant-appellant.

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

Before CHAMBERS and KILKENNY, Circuit Judges, and TAYLOR, District Judge.

KILKENNY, Circuit Judge:

After waiver of a jury trial, appellant was convicted of illegal importation of heroin [21 U.S.C. §§ 952, 960 and 963] and of illegal possession of the same substance in violation of 21 U.S.C. § 841(a) (1).

FACTS

No useful purpose would be served by reciting in detail the factual background. It is sufficient to say that appellant is a Mexican National, living and working in the United States. His testimony...

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