United States of America, Appellee, v. Bernard Leavitt Durgin, Iii, Appellant, 439 F.2d 685 (9th Cir. 1971)

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US Court of Appeals for the Ninth Circuit - 439 F.2d 685 (9th Cir. 1971) March 11, 1971

Paul W. Colarich, Jr., Tucson, Ariz., for appellant.

Richard K. Burke, U. S. Atty., Stanley Patchell, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before HAMLEY, CARTER and TRASK, Circuit Judges.


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.