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UNITED STATES v. CAPRIOLA

Nos. 75-1099, 75-1158.

537 F.2d 319 (1976)

UNITED STATES of America, Appellee, v. Peter John CAPRIOLA and Ronald Freeze, Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended February 6, 1976.

Rehearing and Rehearing Denied July 16, 1976.

Attorney(s) appearing for the Case

Gregory J. Miller (argued), San Jose, Cal., appellant in 75-1158 and Marvin F. Cooper, Santa Ana, Cal., for appellant in 75-1099.

Anthony P. Capozzi, Asst. U. S. Atty. (argued), Fresno, Cal., for appellee.

Before DUNIWAY and ELY, Circuit Judges, and SOLOMON, District Judge.

Rehearing and Rehearing En Banc Denied July 16, 1976.

OPINION

PER CURIAM:

Appellants Capriola and Freeze were convicted under 21 U.S.C. §§ 952 & 963, for conspiracy to smuggle marijuana from Mexico into this country. Capriola was also convicted on a second count for attempting to import marijuana from Mexico.

Here, the appellants present only three contentions worthy of comment. They...

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