Paul Garcia Murgia, Pedro Hernandez Ramirez and Joe Ramirez Carpio v. United States

BARNES, Circuit Judge.

The three appellants herein were convicted by the court below, sitting without a jury, of a conspiracy to import heroin, 18 U.S.C. § 371, and the illegal importation of narcotics, 70 Stat. 570 (1956) 21 U.S.C.A. § 174. (Two counts.) Murgia and Ramirez (also known as Hernandez) were sentenced to concurrent ten year terms; Carpió to concurrent five year terms. Upon filing a timely appeal, each appellant was permitted to proceed in forma pauperis. Each was represented below and on this appeal by able counsel.

Prior to September 9, 1959, custom agents at Calexico, California,…