Juan Nepomuceno Olais-Castro v. United States

HAMLEY, Circuit Judge:

Juan Nepomuceno Olais-Castro appeals from his conviction on a charge of importing and bringing two ounces of heroin into the United States from Mexico on or about September 12, 1967, contrary to 21 U.S.C. § 173 (1964), in violation of 21 U.S.C. § 174 (1964). His only point on appeal is that the trial court erred in refusing to give a requested instruction to the effect that, if the jury so found the facts, they could convict the defendant of the lesser-included offense of smuggling merchandise into the United States in violation of 18 U.S.C. § 545 (1964).1

The sentence…