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GARDINER v. UNITED STATES

Nos. 20182, 20183.

321 F.2d 159 (1963)

Robert Henry GARDINER, Appellant, v. UNITED STATES of America, Appellee. Hunilda Balbas GARDINER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 12, 1963.

Attorney(s) appearing for the Case

Newton M. Crain, Jr., Blades, Crain, Slator & Winters, Houston, Tex., for appellant.

William A. Jackson, Asst. U. S. Atty., Woodrow Seals, U. S. Atty., William B. Butler, James R. Gough, Asst. U. S. Attys., Houston, Tex., for appellee the United States.

Before HUTCHESON, Circuit Judge, LUMBARD, Chief Judge, and BROWN, Circuit Judge.

HUTCHESON, Circuit Judge.

The appellants were tried together and convicted under separate indictments, for conspiring to smuggle marihuana from Mexico into the United States, transport it to New York, and sell it there, knowing it to have been smuggled, in violation of 21 U.S.C.A. § 176a.1 The indictment against Robert Gardiner, which was returned first, alleged that he conspired with Arthur...

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