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UNITED STATES v. GOMEZ-TOSTADO

No. 78-2318.

597 F.2d 170 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Jaime GOMEZ-TOSTADO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 4, 1979.

Attorney(s) appearing for the Case

Richard M. Grossberg, San Diego, Cal., for defendant-appellant.

Peter Nunez, Asst. U. S. Atty. (on the brief), Michael H. Walsh, U. S. Atty., Peter K. Nunez, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before HUFSTEDLER and WALLACE, Circuit Judges, and LUCAS, District Judge.

WALLACE, Circuit Judge:

Gomez-Tostado appeals from his conviction for possession, with the intent to distribute, a controlled substance (heroin) in violation of 21 U.S.C. § 841(a)(1).1 He raises two arguments which merit discussion: that this statute does not make criminal the possession of heroin if he intends to distribute it in a foreign country and, secondly, that transshipment of the contraband is

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