DURAN v. UNITED STATES

No. 15949.

234 F.2d 932 (1956)

Joseph E. DURAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 28, 1956.


Attorney(s) appearing for the Case

Joseph A. Calamia, El Paso, Tex., for appellant.

Holvey Williams, Asst. U. S. Atty., El Paso, Tex., Russell B. Wine, U. S. Atty., San Antonio, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.


RIVES, Circuit Judge.

The appellant and two co-defendants were found guilty by a jury of importing 64 ounces of bulk marihuana into the United States in violation of 26 U.S.C.A. § 4755(a), and of concealing said marihuana in violation of 18 U.S.C.A. § 545. The appellant was sentenced to imprisonment for a term of three years. He alone appeals and specifies but one error, viz.: "The trial court erred in overruling appellant's motion for a judgment of acquittal...

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