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United States v. Manuel Gonzales
424 F.2d 1055
| 9th Cir. | 1970
|
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424 F.2d 1055

UNITED STATES of America, Appellee,
v.
Manuel GONZALES, Appellant.

No. 24897.

United States Court of Appeals, Ninth Circuit.

April 16, 1970.

William N. Fielden, La Jolla, Cal., for appellant.

Harry D. Steward, U.S. Atty., San Diego, Cal., for appellee.

Before CARTER, WRIGHT and KILKENNY, Circuit Judges.

PER CURIAM:

1

Gonzales was convicted by a jury for violation of 21 U.S.C. 176a, conspiring to smuggle marihuana into the United States. Following sentence, he appeals.

2

Gonzales claims that 176a violates his constitutional privilege against self-incrimination. No record was made below to support this claim.

3

Section 176a, in prohibiting smuggling marihuana into the United States, does not violate a defendant's privilege against self-incriminaton. Witt v. United States, (9 Cir. 1969) 413 F.2d 303; McClain v. United States, (9 Cir. 1969) 417 F.2d 489; United States v. Scott, (9 Cir. 1970)425 F.2d 55; Plascencia-Plascencia v. United States, (9 Cir. 1970), 423 F.2d 802; United States v. Simon, (9 Cir. 1970), 424 F.2d 1049.

4

The same rule would apply to a charge of conspiracy to smuggle marihuana. There is no merit to the contention.

5

Gonzales next claims error where a juror submitted a question to the court and the court asked several questions of a witness. This was not error.

6

Judgment affirmed.

Case Details

Case Name: United States v. Manuel Gonzales
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Apr 16, 1970
Citation: 424 F.2d 1055
Docket Number: 24897
Court Abbreviation: 9th Cir.
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