U.S. Court of Appeals for the Ninth Circuit, 1973

United States of America, and v. James Mumow Valentine, And

United States of America, and v. James Mumow Valentine, And
U.S. Court of Appeals for the Ninth Circuit · Decided January 4, 1973 · Chambers, Ing, Kelleher
472 F.2d 164 (Federal Reporter, Second Series)

United States of America, and v. James Mumow Valentine, And

Opinion

PER CURIAM:

The judgment of conviction in this marijuana importation case is affirmed.

All points in the attack on the composition of the trial jury have been heretofore resolved against the defendant in other eases in this circuit with the exception of the 40 mile rule on calling jurors. No showing is made that the rule is unreasonable or that defendant was prejudiced by it. Such a rule is authorized by 28 U.S.C. § 1863(b)(7).

We find the evidence of guilt was adequate. The refusal of the court to grant the motion for a mistrial was not error. The consecutive terms of imprisonment were proper. Cf. United States v. Bishop, 462 F.2d 127, 9 Cir. 1972.

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