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ANDREWS v. UNITED STATES

Nos. 22995, 22996.

426 F.2d 1304 (1970)

Odell ANDREWS, Appellant, v. UNITED STATES of America, Appellee. Willie SLOAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

As Modified June 10, 1970.

Attorney(s) appearing for the Case

Fred Kilbride, Michael W. Roberts, Edgar P. Boyko, Los Angeles, Cal., for appellants.

Edward J. Wallin, Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robt. L. Brosio, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before DUNIWAY, HUFSTEDLER, and KILKENNY, Circuit Judges.

HUFSTEDLER, Circuit Judge.

Defendants Andrews and Sloan were found guilty after a nonjury trial of both counts of a two-count indictment charging violation of 21 U.S.C. § 176a. Count One charged a conspiracy to import, receive, and conceal marihuana imported from Mexico, and Count Two charged receipt and concealment of the marihuana. The convictions must be reversed on the authority of Leary v. United States (1969)...

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