Ambrose Badillo Caudillo, Joe Romero v. United States

BARNES, Circuit Judge.

Caudillo appeals from his conviction on three counts (two of sale and one of possession), and Romero appeals from his conviction on two counts (both of possession) , charging violations of 21 U.S.C.A. § 176a. 1 Appellants were tried and convicted by a jury.

21 U.S.C.A. § 176a prohibits the importation of marihuana, or the receipt, sale or concealment, or the facilitation in any manner of the sale or transportation or concealment of such illegally imported marihuana. It also contains, after a description of the proscribed crime, the following language:

“Whenever on trial…