Guadalupe Martinez Rodriguez v. United States

HUTCHESON, Chief Judge.

Appellant was charged in two counts of a three count indictment brought under the Marihuana Tax Act, 26 U.S.C. § 4744(a).

The first count charged defendant and two others with illegal acquisition of fifty pounds of marihuana. The second count charged his co-defendants but not appellant. The third count charged appellant alone with knowingly and unlawfully acquiring nine pounds of marihuana.

One of his co-defendants, Modesto Rodriguez, pleaded guilty to counts one and two, and, though not indicted therefor, claimed and accepted full responsibility for the nine pounds of…