UNITED STATES v. BALLESTEROS-ACUNA

No. 75-2464.

527 F.2d 928 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Angel BALLESTEROS-ACUNA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 1, 1975.


Attorney(s) appearing for the Case

T. Scott Higgins (argued), of Federal Public Defenders, Tucson, Ariz., for defendant-appellant.

Bruce Heurlin, Asst. U. S. Atty. (argued), Tucson, Ariz., for plaintiff-appellee.

Before KOELSCH and CARTER, Circuit Judges, and JAMESON, District Judge.


OPINION

PER CURIAM:

Appellant was adjudged a juvenile delinquent for having committed the offense of illegally importing 40 pounds of marijuana. We affirm.

At the beginning of his trial, appellant filed a motion to dismiss the information because of the Government's release and subsequent unavailability of a material witness in violation of appellant's Fifth and Sixth Amendment rights. Following a combined trial and hearing on the motion, appellant...

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