United States v. Benito Cruz Oropeza

HASTINGS,

Chief Judge.

Defendant-appellant Benito Cruz Oropeza and two co-defendants, Griego and Vasquez, were convicted in a court trial, without a jury, on a one-count indictment charging unlawful possession of marihuana in violation of the provisions of 26 U.S.C.A. § 4744(a). Oropeza, a second-offender under the terms of 26 U.S. C.A. §§ 7237(a) and 7237(c), was sentenced to five years imprisonment. He alone appeals from this judgment.

This appeal raises two central issues: whether the evidence supports the conviction and whether the Government is guilty of a fraud on the court in an alleged…