RULE v. UNITED STATES

No. 22270.

362 F.2d 215 (1966)

Vincente Garcia RULE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 2, 1966.


Attorney(s) appearing for the Case

Paul Frederick Rothstein (Court-appointed), Joel Jay Finer (Court-appointed), Allen Smith (Court-appointed), Austin, Tex., for appellant.

James R. Gough, Asst. U. S. Atty., Woodrow Seals, U. S. Atty., Homero M. Lopez, William A. Jackson, Asst. U. S. Attys., Houston, Tex., for appellee.

Before BROWN and COLEMAN, Circuit Judges, and DAWKINS, District Judge.


COLEMAN, Circuit Judge:

Section 176a of Title 21 U.S.C. makes it a criminal offense to smuggle or clandestinely introduce marihuana into the United States without invoicing or declaring it at the border.1 Concealing and transporting marihuana in the United States without having paid the transfer tax imposed by the Internal Revenue Code is likewise a crime, 26 U.S.C. § 4744(a) (2).2

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