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UNITED STATES v. HAMILTON

No. 73-2124.

490 F.2d 598 (1974)

UNITED STATES of America, Plaintiff, Appellee, v. John Alfred HAMILTON, Defendant, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 18, 1974.

Attorney(s) appearing for the Case

Kevin J. McInerney (argued), San Diego, Cal., for defendant, appellant.

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

Before ALDRICH, ELY and CHOY, Circuit Judges.

ALDRICH, Senior Circuit Judge:

Defendant Hamilton, the driver of a Chevrolet pickup truck, was arrested on August 12, 1972, following a successful search of the vehicle for contraband as a result of information supplied to the United States Border Patrol by an informant. After a non-jury trial he was found not guilty of importing, but guilty of possessing the 264 pounds of marijuana found in the truck, with intent to distribute, in violation of 21 U.S.C. § 841...

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