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OVERSTREET v. UNITED STATES

No. 19885.

321 F.2d 459 (1963)

Tillman OVERSTREET, 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

M. Gabriel Nahas, Jr., Houston, Tex., for appellant.

Frederick J. Morton, Asst. U. S. Atty., El Paso, Tex., Ernest Morgan, U. S. Atty., San Antonio, Tex., M. H. Raney, Asst. U. S. Atty., El Paso, Tex., for appellee.

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

LUMBARD, Chief Judge.

Tillman Overstreet appeals from a judgment of conviction and a sentence of twelve years after trial before Judge Thomason and a jury in the District Court for the Western District of Texas for conspiring to "receive and conceal [Marihuana], and to facilitate the transportation and concealment, after importation, of said Marihuana, knowing the same to have been [imported illegally]" in violation of 21 U.S.C. § 176a. The two questions raised...

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