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UNITED STATES v. VALLE-VALDEZ

No. 76-1953.

554 F.2d 911 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Julio C. VALLE-VALDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 8, 1977.

Attorney(s) appearing for the Case

John L. Cleary, argued, Lewis A. Wenzell, Federal Public Defender, San Diego, Cal., for defendant-appellant.

Terry J. Knoepp, U.S. Atty., Douglas G. Hendricks, Asst. U.S. Atty., argued, San Diego, Cal., for plaintiff-appellee; Douglas G. Hendricks, Asst. U.S. Atty., San Diego, Cal., on the brief.

Before GOODWIN and WALLACE, Circuit Judges, and INGRAM, District Judge.

WALLACE, Circuit Judge:

Valle-Valdez appeals his conviction of possession with intent to distribute 677 pounds of marijuana in violation of 21 U.S.C. § 841(a)(1). He contends that a jury instruction pertaining to conscious purpose to avoid learning the truth about the presence of the contraband was erroneous in light of United States v. Jewell, 532 F.2d 697 (9th Cir.) (en banc), cert. denied, 426 U.S. 951, 96 S...

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