UNITED STATES v. MILLER

Nos. 71-1502 to 71-1504.

460 F.2d 582 (1972)

The UNITED STATES of America, Plaintiff-Appellee, v. Aubrey Westley MILLER et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 25, 1972.


Attorney(s) appearing for the Case

Mark C. Meiering, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., with him on the brief), for plaintiff-appellee.

Richard G. Reinjohn, Los Angeles, Cal., for defendants-appellants.

Before LEWIS, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.


BARRETT, Circuit Judge.

Aubrey Westley Miller, Donald Earl Laster and Dale Gordon Barkley were convicted on Count II of a three-count indictment of concealing and facilitating the transportation and concealment of approximately 512 pounds of marijuana in violation of 21 U.S.C.A. § 176a. They appeal the jury verdict. Counts I and III were dismissed before trial.

On March 12, 1971 at about 8:00 a. m., a Ford Econoline van and a Chevrolet El Camino pickup...

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