Beatrice Martinez Delgado and Gilbert Hernandez Rodriguez v. United States

DUNIWAY, Circuit Judge.

Rodriguez and Delgado were each convicted under counts 8 and 9 of an indictment. Separate judgments were entered against each, and each appeals. The charge was violation of 21 U.S.C. § 176a, in receiving, concealing and facilitating transportation and concealment of marijuana, which they knew had been imported into the United States contrary to law. We are of the opinion that the evidence was insufficient to sustain an essential element of the offense, possession, upon which alone the government relied. (See second paragraph of section 176a).

Stated most favorably to the…