UNITED STATES v. GEGAX

No. 74-1480.

506 F.2d 460 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Edward GEGAX, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 18, 1974.


Attorney(s) appearing for the Case

James B. Oliver of Cabrera & Oliver, Torrance, Cal., for defendant-appellant.

V. DeVoe Heaton, U. S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and SMITH, District Judge.


OPINION

RUSSELL E. SMITH, District Judge.

An aircraft crashed on a highway near Tonopah, Nevada, at night. The defendant and about 1300 pounds of marihuana were on it. After unloading some of the marihuana, defendant fled some 20 miles into the desert. He was tracked and apprehended. He was charged with possession in Count I (21 U.S.C. § 841(a)(1)) and importation in Count II (21 U.S.C. §§ 952(a) and 960). He was convicted on Count I, and...

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