United States v. Michael Scott Wells

DUNIWAY, Circuit Judge:

On February 18, 1969, Wells was indicted on three counts, which charged, Count I, bringing 305 pounds of marihuana across the border in violation of 21 U.S.C. § 176a, Count II, failure to pay the tax on marihuana in violation of 26 U.S.C. § 4744(a), and Count III, bringing in merchandise (% of a pound of peyote) without unladening it for customs inspection in violation of 18 U.S. C. § 545. Wells pleaded not guilty on all three counts.

*227On April 21, 1969, Wells requested leave of the court to withdraw his not guilty plea as to Count II and to enter a guilty plea on that…