United States v. L. C. Bagby, United States of America v. Carl Strong

DUNIWAY, Circuit Judge:

Bagby and Strong appeal from judgments of conviction entered upon guilty verdicts under an indictment charging a conspiracy made criminal by 21 U.S.C. § 174. We reverse and remand.

Section 174 proscribes a conspiracy to commit any of the acts that it makes criminal. In this case the charge is that one Brazil, Bagby, Strong, and one Thurman (an unindicted conspirator) conspired “to receive, conceal, buy, sell, and facilitate the transportation and concealment of quantities of unlawfully imported heroin, a narcotic drug, knowing the said heroin to have been imported into…