U.S. Court of Appeals for the Ninth Circuit, 1970

United States v. Arthur Jetter

United States v. Arthur Jetter
U.S. Court of Appeals for the Ninth Circuit · Decided January 23, 1970 · Barnes, Carter, Byrne
421 F.2d 839; 1970 U.S. App. LEXIS 11080 (Federal Reporter, Second Series)

Counsel

Howard J. Bechefsky, of Sheela, Light-ner, Hughes, Hilmen & Castro, San Diego, Cal., for appellant., Phillip W. Johnson, Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for appellee.

United States v. Arthur Jetter

Cases that cite this one

6 later published cases cite this decision.

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Opinion

BARNES, Circuit Judge.

This is an appeal from a conviction under 21 U.S.C. § 176(a) in a nonjury case. The parties stipulated that appellant entered this country from Mexico in an automobile in which he was the sole occupant and driver and which contained *840 220 pounds of marijuana. It was also stipulated that appellant declared no merchandise at the border and admitted at the border that he had bought the marijuana in Mexico. (Gov. Ex. 1) The matter was submitted to this court without argument solely upon the theory that 21 U.S.C. § 176(a) violates the defendant’s privilege against self-incrimination. Upon consideration of the briefs on file, we affirm the conviction on the authority of Witt v. United States, 9th Cir., decided 6/6/69, 413 F.2d 303.

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