UNITED STATES v. CANADA

No. 71-3356 Summary Calendar.

459 F.2d 687 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Herman E. CANADA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 27, 1972.


Attorney(s) appearing for the Case

Lazaro Garza-Gongora, Jr., Oscar J. Pena, Laredo, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Edward B. McDonough, Jr., Anthony C. Aguilar, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.


THORNBERRY, Circuit Judge:

Herman E. Canada appeals from his conviction pursuant to an indictment charging him with conspiring to smuggle and transport some 181 pounds of marihuana from Mexico into the United States and transporting and concealing said marihuana, all in violation of Title 21 U.S.C.A., Section 176a.1

The evidence indicates the following. At about 12:30 a. m. on January 27, 1971, an automobile occupied by Canada...

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