United States of America, Plaintiff-appellee, v. Simon Alex Hernandez, Appellant, 434 F.2d 1316 (9th Cir. 1970)

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U.S. Court of Appeals for the Ninth Circuit - 434 F.2d 1316 (9th Cir. 1970) December 21, 1970
December 23, 1970

Appeal from the United States District Court for the Central District of California; Manuel L. Real, Judge.

Lawrence J. Lee (argued), Los Angeles, Cal., for appellant.

John W. Newman (argued), Asst. U. S. Atty., Robert L. Meyer, U.S. Atty., Theodore E. Orliss, Brian J. O'Neill, Asst. U.S. Attys., Los Angeles, Cal., for appellee.

Before CHAMBERS, BARNES and CARTER, Circuit Judges.


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.