United States v. Roberto Candanoza

SIMPSON, Circuit Judge:

On August 11, 1969, the appellant, Roberto Candanoza, and a co-defendant, Romel Aparicio, were indicted on four counts involving illegal importation of marijuana. The first three counts charged the two defendants with knowingly smuggling, concealing and receiving, and transporting, respectively, fifty-three pounds of non-invoiced marijuana into the United States in violation of Title 21, U.S.C., Section 176a. The fourth and last count charged illegal transfer of marijuana without paying the transfer tax in violation of Title 26, U.S.C., Section 4744(a) (2).

All of the…