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331 F.2d 332

Docket No. 18826.

Garrett v. United States

Ninth Circuit Court of Appeals

Decided April 28, 1964.

Rehearing Denied June 3, 1964.

Ninth Circuit Court of Appeals · decided 1964-04-28

Cited by 5 later decisions — most recently June 1971

5 federal appellate ·

2 counsel of record

Relies on United States v. Hopps

Good law ✅— No negative treatment on recordhow we know

Decided 1964-04-28

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¶1Robert C. Rhone, Jr., Denver, Colo., for appellant.

¶2C. A. Muecke, U. S. Atty., John E. Lindberg, Asst. U. S. Atty., Tucson, Ariz., for appellee.

¶3Before POPE, CHAMBERS and JERTBERG, Circuit Judges.

¶4CHAMBERS, Circuit Judge.

¶5Defendants have been convicted of a transportation count on illegally imported narcotics.

¶6We have examined the records and briefs and find no error. The judgment is affirmed.

¶7It is true that the charge was not proved to a mathematical certainty, but a strong circumstantial evidence case was presented entitling the jury to find beyond a reasonable doubt that the defendants were guilty. Essentially the arguments made here for reversal might be quite cogent if the jury accepted them. But it did not.

¶8Some hearsay was admitted without objection. In such testimony in this case, we find nothing really prejudicial.

¶9Judgment affirmed.

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