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UNITED STATES v. MAKLEY

No. 71-2799.

468 F.2d 916 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Greg Lynn MAKLEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 3, 1972.

Attorney(s) appearing for the Case

William F. McDonald, Jr. (argued), of Russo, Cox & Dickerson, Tucson, Ariz., Lawrence E. Major, Lima, Ohio, Noel Lippman, Warren, Mich., for defendant-appellant.

Daniel G. Knauss, Asst. U. S. Atty. (argued), David S. Hoffman, Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before ELY and WALLACE, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM:

Makley was convicted of two counts of an indictment, the first charging a conspiracy to unlawfully smuggle marijuana into the United States (21 U.S.C. § 963) and the second charging the substantive offense of the smuggling itself (21 U.S.C. § 952(a)). In urging reversal, Makley first contends, in effect, that the two offenses merged into one offense and that it was improper to convict him on two. Since the district judge fixed the same punishment...

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