United States v. Walter Eugene Miller, A/K/A "Red" Miller

J. BLAINE ANDERSON, Circuit Judge:

On May 22, 1975,. a five-count indictment charging defendant Walter Eugene Miller (hereinafter Miller) with various narcotics offenses was returned by the Grand Jury for the Southern District of California. Count I alleged that Miller and co-indicted Ray Chandler Channell, together with unindicted co-conspirator and accomplice David Wells Stutler (hereinafter Stutler), conspired to import marijuana into the United States from Mexico, and to distribute it, all in violation of 21 U.S.C. 846 and 963. Counts II and IV alleged importation of marijuana by these…