UNITED STATES v. RODRIGUEZ REINOSA

No. 27366 Summary Calendar.

427 F.2d 150 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Bernardo RODRIGUEZ REINOSA, Jose Rodriguez Maldonado, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 13, 1970.


Attorney(s) appearing for the Case

Roberto Yzaguirre, Aldrich, McDonald & Stewart (court appointed), Edinburg, Tex., for defendant-appellant Reinosa.

Walter G. Weaver (court appointed), Donna, Tex., for defendant-appellant Maldonado.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before WISDOM, THORNBERRY and CLARK, Circuit Judges.


PER CURIAM.

The appellants, Bernardo Rodriguez Reinosa and Jose Rodriguez Maldonado were found guilty by a jury on two counts of knowingly transporting marihuana which had been illegally imported into the United States in violation of 21 U.S.C. § 176a and on one count of possessing marihuana without having paid the transfer tax in violation of 26 U.S.C. § 4744(a) (2).

In view of the Supreme Court's holding in Leary v. United States, 1969,

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