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MORALES v. UNITED STATES

No. 23790.

378 F.2d 187 (1967)

Arturo Duran MORALES, Appellant, v. UNITED STATES of America, Appellee. Jesus Ortiz VILLASENOR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 8, 1967.

Attorney(s) appearing for the Case

Stanley Freed, Laredo, Tex., James R. Gillespie, San Antonio, Tex., for appellant.

James R. Gough, Asst. U. S. Atty., Houston, Tex., William L. Johnson, Jr., Asst. U. S. Atty., Fort Worth, Tex., Morton L. Susman, U. S. Atty., Ronald J. Blask, Asst. U. S. Atty., for appellee.

Before THORNBERRY, GOLDBERG and DYER, Circuit Judges.

THORNBERRY, Circuit Judge:

Appellants Morales and Villasenor were each convicted on all counts of a three-count indictment, charging respectively the smuggling, willful transportation and concealment, and failure to pay the transfer tax on thirteen pounds of marihuana, in violation of 21 U.S.C. § 176a and 26 U.S.C. § 4744(a) (2). A third defendant, one Gonzaba, pled guilty to the tax count and testified for the...

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