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UNITED STATES v. MARAKAR

Nos. 13662 and 13697.

300 F.2d 513 (1962)

UNITED STATES of America, Appellee, v. Mohamed MARAKAR, Appellant. UNITED STATES of America, Appellee, v. Niamat A. Mushraf ALI, Appellant.

United States Court of Appeals Third Circuit.

Decided March 5, 1962.

Attorney(s) appearing for the Case

Joseph F. Walsh, Newark, N. J., for appellant in 13662.

Donald A. Robinson, Newark, N. J., for appellant in 13697.

David M. Satz, Jr., U. S. Atty., Newark, N. J. (Richard A. Levin, Asst. U. S. Atty., on the brief), for appellee.

Before BIGGS, Chief Judge, McLAUGHLIN and GANEY, Circuit Judges.

GANEY, Circuit Judge.

Appellants, Mohamed Marakar and Niamat A. Mushraf Ali, were convicted, after they had been separately indicted and tried together, of the substantive offense of importing opium into the United States in violation of 21 U.S.C.A. § 174.1 Each of them has appealed on the ground that they have been twice put in jeopardy for the same offense in violation of the double jeopardy clause of the Fifth Amendment to the...

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