Court of Appeals for the Ninth Circuit November 17, 1969, 23065_1 (Carl Gregory Witt v. United States)

BYRNE, District Judge:

On March 14, 1968, the appellant was indicted on a charge of smuggling marihuana in violation of U.S.C. Title 21, Section 176a. He was convicted in a trial by the Court without a jury.

The appellant contends that Section 176a of the Statute under which he was convicted is unconstitutional, and relies upon Marchetti v. United States, 390 U. S. 39, 88 S.Ct. 697, 19 L.Ed.