United States v. Arthur Joseph Avey, and Larry Richard Dean

TRASK, Circuit Judge:

This is an appeal from appellants’ convictions at jury trial on one count of knowingly concealing eighty pounds of marihuana after it had been imported into the United States contrary to law and with appellants’ knowledge, in violation of 21 U.S.C. § 176a.

The relevant facts of the case are as follows: A United States Customs official testified at trial that at approximately 5:30 P.M. on February 23, 1969, appellants drove a 1955 station wagon across the Mexican-American border at Nogales, Arizona. He made a thorough search of the vehicle and discovered no contraband…