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UNITED STATES v. KILGUS

Nos. 77-1513, 77-1568 and 76-3699.

571 F.2d 508 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher Russell KILGUS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Thomas CASO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Lee BECK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 20, 1978.

Attorney(s) appearing for the Case

William L. Osterhoudt (argued) of Singer & Osterhoudt, Michael H. Metzger (argued), San Francisco, Cal., for defendant-appellant.

J. Stephen Czuleger, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellee.

Before BROWNING and ANDERSON, Circuit Judges, and NIELSEN, District Judge.

PER CURIAM:

Appellants were convicted by the district court below of illegal importation of marijuana (Count II) and possessing marijuana with the intent to distribute (Count IV) [21 U.S.C. §§ 952, 960, 963, 841(a)(1), and 18 U.S.C. § 2]. We reverse appellants' convictions because the only substantial evidence which connects them with the crime (a "unique identification" of their aircraft by a Customs Officer using a Forward Looking Infrared system...

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