United States v. Larry Handman

KILEY, Circuit Judge.

Defendant Handman was convicted of violation of 21 U.S.C. § 176a 2 on proof of his intentional receipt and concealment of marihuana, knowing of its unlawful importation into the United States. He received a five year sentence and has appealed. We reverse and remand for new trial.

While Handman was vacationing in Mexico in January, 1969, a package addressed from Jill Hampton, Acapulco, Mexico, to Judy Rome, c/o Jerry Solomon, 22 Malibu Village, Carbondale, Illinois, was delivered to a customs inspector in Houston, Texas. It was opened and contained what appeared to be…