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UNITED STATES v. AVEY

No. 24730.

428 F.2d 1159 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur Joseph AVEY, and Larry Richard Dean, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 17, 1970.

Attorney(s) appearing for the Case

Thomas A. Zlaket (argued), of Estes, Browning, Maud & Zlaket, Tucson, Ariz., Joe M. Romley, of Leibsohn & Romley, Phoenix, Ariz., for appellants.

James Wilkes (argued), Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Tucson, Ariz., for appellee.

Before JERTBERG, CARTER and TRASK, Circuit Judges.

TRASK, Circuit Judge:

This is an appeal from appellants' convictions at jury trial on one count of knowingly concealing eighty pounds of marihuana after it had been imported into the United States contrary to law and with appellants' knowledge, in violation of 21 U.S.C. § 176a.

The relevant facts of the case are as follows: A United States Customs official testified at trial that at approximately 5:30 P.M. on February 23, 1969, appellants drove a 1955...

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