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

United States v. Simon Alex Hernandez

United States v. Simon Alex Hernandez
U.S. Court of Appeals for the Ninth Circuit · Decided December 23, 1970 · Chambers, Barnes, Carter
434 F.2d 1316 (Federal Reporter, Second Series)

United States v. Simon Alex Hernandez

Opinion

PER CURIAM:

The judgment of conviction is affirmed.

We find the evidence sufficient on both counts.

On appeal, for the first time an objection is raised in behalf of Hernandez as to a search of his automobile after his arrest. This search did produce additional evidence. The objection, if it had merit, was waived below.

The renewed motion for bail is denied.

The motion to correct the probation report is denied. The appellant may now make a proper motion in the district court under Rule 35, Federal Rules of Criminal Procedure, and under such a motion the alleged inaccuracy of the probation report may be considered.

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