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UNITED STATES v. HOLSTEIN

No. 28893 Summary Calendar.

435 F.2d 144 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Frederick HOLSTEIN and Richard Lee Wolfe, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 22, 1970.

Attorney(s) appearing for the Case

Thomas G. Sharpe, Jr. (court appointed), Brownsville, Tex., Henry R. Carr, Miami, Fla., for defendants-appellants.

Anthony J. P. Farris, U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and MORGAN and INGRAHAM, Circuit Judges.

PER CURIAM:

Appellants Richard Frederick Holstein and Richard Lee Wolfe were indicted on four counts involving the illegal importation of marijuana. The indictment charged appellants with the offenses of (1) conspiracy to smuggle, receive, conceal and transport a quantity of marijuana in violation of 21 U.S.C. § 176a, (2) with smuggling, and (3) receiving twenty pounds of marijuana in violation of the same statute, and (4) failure to pay the transfer tax in violation...

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