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UNITED STATES v. CALDWELL

No. 71-2726.

466 F.2d 611 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Morris Ray CALDWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 25, 1972.

Attorney(s) appearing for the Case

Burton Marks, Beverly Hills, Cal., for defendant-appellant.

Robert L. Meyer, U. S. Atty., Eric A. Nobles, Paul H. Sweeney, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH and GOODWIN, Circuit Judges, and PLUMMER, District Judge.

PER CURIAM:

Following a joint trial, Morris Ray Caldwell (appellant) and his co-defendant Lee Marshall Harris, were convicted of receiving, etc. marihuana and amphetamine tablets smuggled into the United States from Mexico. 21 U.S.C. § 176a and 18 U.S.C. § 545. Each duly noticed an appeal. However, Harris was considerably more prompt than appellant in perfecting his appeal. As a result, the Harris appeal was heard...

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