U.S. Court of Appeals for the Ninth Circuit, 1971

United States v. Bernard Leavitt Durgin, III

United States v. Bernard Leavitt Durgin, III
U.S. Court of Appeals for the Ninth Circuit · Decided March 11, 1971 · Hamley, Carter, Trask
439 F.2d 685; 1971 U.S. App. LEXIS 11421 (Federal Reporter, Second Series)

United States v. Bernard Leavitt Durgin, III

Opinion

PER CURIAM:

This is a companion case to United States v. Fallang, 439 F.2d 685, in which we have today filed an opinion affirming.

The appellant in this case, Bernard Leavitt Durgin, III, was convicted on the same charge as Fallang, i. e., a violation of 21 U.S.C. § 176a, for importing the same marihuana contrary to law. Durgin was the driver of the automobile in which the suitcase full of marihuana was found.

Durgin challenges the sufficiency of the evidence to support the jury verdict. We are convinced the evidence was adequate.

Affirmed.

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