John Roland Phelps v. United States

WISDOM, Circuit Judge.

Appellant, John Roland Phelps, was convicted of smuggling marihuana into the United States. The indictment, citing 21 U.S.C.A. § 174, 1 charged that Phelps, “on or about August 15, 1956, in El Paso County, Texas, * * * with intent to defraud the United States, knowingly smuggled and clandestinely introduced into the United States two pounds and seven ounces of marihuana, which had not been invoiced as required by law”. Phelps was convicted in 1938 and in 1952 for smuggling narcotic drugs into the United States in violation of 21 U.S.C.A. § 174. On this third conviction…