U.S. Court of Appeals for the Ninth Circuit, 1972

United States v. Jesus Diaz-Rojas

United States v. Jesus Diaz-Rojas
U.S. Court of Appeals for the Ninth Circuit · Decided March 6, 1972 · Chambers, Wright, Byrne
457 F.2d 797; 1972 U.S. App. LEXIS 10927 (Federal Reporter, Second Series)

United States v. Jesus Diaz-Rojas

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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