¶1Kevin J. Mclnerney (argued), of Mc-Inerney, Milchen & Frank, San Diego, Cal., for defendant-appellant.
¶2E. Mac Amos, Asst. U. S. Atty. (argued), Stephen G. Nelson, R. Michael Bruney, Thomas M. Coffin, Asst. U. S.
¶3Attys., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.
¶4Before CHAMBERS and HUFSTEDLER, Circuit Judges, and EAST, District Judge.*
¶7The appellant was convicted, upon ample evidence, of smuggling marihuana into the United States from Mexico.
¶8The only issue on appeal is the claim of error in the district court’s denial of a motion to dismiss the indictment bel cause the grand jury proceedings had not been recorded. The point was explored and decided adversely to appellant in United States v. Thoresen (9th Cir. 1970) 428 F.2d 654, to which we adhere.