United States v. Hugh Franklin Murphree

BELLONI, District Judge:

Appellant attacks his conviction for importing heroin, in violation of 21 U.S.C. §§ 952, 960 and 963, and his sentence as a narcotic addict under Chapter 314 of Title 18, United States Code. We affirm his conviction but vacate his sentence and remand for re-sentencing.

Appellant and two companions entered the United States from Mexico in the primary pedestrian inspection lanes at the San Ysidro, California, port of entry. They declared paper flowers and plaster articles. The inspector, after learning they were together, noticed they were nervous and that their…