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UNITED STATES v. BOSTON

No. 74-1791.

510 F.2d 35 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Elbert Lamar BOSTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied May 27, 1975.

Attorney(s) appearing for the Case

Bryan R. Gerstel (argued), San Diego, Cal., for defendant-appellant.

Harry D. Steward, U.S. Atty., Herbert B. Hoffman, Asst. U.S. Atty., (argued), San Diego, Cal., for plaintiff-appellee.

Before MERRILL and TRASK, Circuit Judges, and FERGUSON, District Judge.

OPINION

MERRILL, Circuit Judge:

Appellant was charged in a four-count indictment with illegal importation of heroin under 21 U.S.C. §§ 952, 960, possession of heroin with intent to distribute under 21 U.S.C. § 841(a)(1), and conspiracy both to import and to possess under 21 U.S.C. § 963.

Appellant and a female companion, returning to the United States from Mexico, had been stopped at the border. Suspicions of the guards were aroused...

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