United States v. Jesus Diaz-Rojas

457 F.2d 797, 1972 U.S. App. LEXIS 10927

Court of Appeals for the Ninth Circuit·Decided March 6, 1972·No. 71-1677·Published

Opinion

PER CURIAM.

The judgment of conviction in this marijuana smuggling (plus receiving, concealing and facilitating) case is affirmed.

*798 The district court could and did properly find that the search was consented to by all of the interested parties.

The lesser included offense point has no merit. United States v. Johnston, 440 F.2d 389 (9 Cir. 1971).

The defendant-appellant can present his point on sentencing by a motion in the trial court under Rule 35, F.R.Cr.P. The mandate will issue now.

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PER CURIAM.

The judgment of conviction in this marijuana smuggling (plus receiving, concealing and facilitating) case is affirmed.

*798 The district court could and did properly find that the search was consented to by all of the interested parties.

The lesser included offense point has no merit. United States v. Johnston, 440 F.2d 389 (9 Cir. 1971).

The defendant-appellant can present his point on sentencing by a motion in the trial court under Rule 35, F.R.Cr.P. The mandate will issue now.

United States v. Jesus Diaz-Rojas, 457 F.2d 797, 1972 U.S. App. LEXIS 10927 (9th Cir. 1972).

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