Appellant and his co-defendant, Frank Johnson, were charged in a three-count indictment with: (1) conspiring to smuggle marihuana; (2) smuggling marihuana; and (3) concealing and facilitating the transportation of marihuana, all in violation of 21 U.S.C. § 176a. Appellant was named in counts two and three only as an aider and abettor. After a motion for severance had been granted and trial held...
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