No. 25111. April 24, 1970. William M. Apgar (argued), San Diego, Cal., for appellant. Harry D. Steward, U.S. Atty., Shelby R. Gott, Asst. U.S. Atty., San Diego, Cal., for appellee. Before HAMLEY, KOELSCH and TRASK, Circuit Judges. PER CURIAM: Luciano Abreu Miranda appeals from his conviction, on a jury verdict, of smuggling 143 pounds of marihuana into the United States from Mexico on January 16, 1969, in violation of 21 U.S.C. § 176a. Defendant's only point on appeal is that the trial court erred