UNITED STATES v. FLOM

No. 72-1154.

464 F.2d 554 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Edwin FLOM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 19, 1972.


Attorney(s) appearing for the Case

Richard W. Trost (argued), San Diego, Cal., for defendant-appellant.

E. Mac Amos, Jr., Asst. U. S. Atty. (argued), Stephen G. Nelson, Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before HAMLEY and CHOY, Circuit Judges, and CRARY, District Judge.


PER CURIAM:

Mark E. Flom appeals his conviction by a judge without a jury of importing and knowingly facilitating the importation into and transportation within the United States of heroin in violation of 21 U.S.C. § 174. We reverse. The evidence is insufficient to sustain the judgment.

The Government proved that Flom and his longtime friend Daniel Atkinson went to Mexico together. While separated from Flom, Atkinson purchased heroin and secreted it in...

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