United States v. Enrique Sanchez and Juan Vela Martinez

COLEMAN, Circuit Judge:

This is an in forma pauperis appeal from a conviction of (1) conspiracy to smuggle marijuana into the United States in violation of 21 U.S.C. § 176a 1 and (2) smuggling marijuana into the United States in violation of the same statute. Five defendants were originally indicted under these counts and under an additional count of transporting and concealing marijuana without having paid a transfer tax in violation of 26 U.S.C., § 4744(a) (2). Two defends ants, Victor Martinez Garza and Juan Martinez Villarreal, pleaded guilty to the violation of the tax count and were not…