United States v. Frank Edward Gegax

OPINION

RUSSELL E. SMITH, District Judge.

An aircraft crashed on a highway near Tonopah, Nevada, at night. The defendant and about 1300 pounds of marihuana were on it. After unloading some of the marihuana, defendant fled some 20 miles into the desert. He was tracked and apprehended. He was charged with possession in Count I (21 U.S.C. § 841(a)(1)) and importation in Count II (21 U.S.C. §§ 952(a) and 960). He was convicted on Count I, and Count II was dismissed by the court. His defense as to Count I was that he had been forced to do what he did by one' Larson. The defense depended entirely…