United States v. Roger D. Weber

KILKENNY, Circuit Judge:

Appellant, on September 27, 1968, was arrested, in his automobile, at a border inspection station as he attempted to enter the United States from Mexico with approximately 40 pounds of marihuana in his possession. He was indicted on two counts: (I) a violation of 21 U.S.C. § 176a (smuggling) and (II) a violation of 26 U.S.C. § 4744(a) (the marihuana stamp tax). Plea bargaining resulted in the government’s dropping the jj. 17.6a charge in exchange for Weber’s plea of guilty to the tax violation. * On October 28, 1968, Weber’s guilty plea was-accepted and Count I…