Ray Edward Gondron and Daniel Elchuk v. United States

HUTCHESON, Chief Judge.

When these appellants were first here by their appeal in Cause No. 16334 on the docket of this court 1 seeking a reversal of judgments of conviction on three counts of an indictment charging violation of the customs and marihuana tax laws of the United States, this court on March 14, 1957, by its mandate and judgment 2 reversed the judgments of the district court and remanded the cause to it for a new trial.

The cause returned to the district court, the defendant Elchuk alleging that the former judgments had not been reversed on appellant’s appeal but had been set aside…