UNITED STATES v. MALLOW

No. 72-2059.

470 F.2d 967 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Earl MALLOW and Phillip Dean Johnson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 18, 1972.


Attorney(s) appearing for the Case

James L. Mitchell, Dallas, Tex., for Mallow.

Charles W. Tessmer, Dallas, Tex., Jack Gray, Denton, Tex., Roy Barrera, San Antonio, Tex., for Johnson.

William S. Sessions, U. S. Atty., James W. Kerr, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before MORGAN, CLARK and INGRAHAM, Circuit Judges.


PER CURIAM:

Appellants Mallow and Johnson were tried jointly before a jury and convicted of conspiring to smuggle 180 pounds of marijuana into the United States and of aiding and abetting in the actual importation of the marijuana, all in violation of 21 U.S.C. § 176(a) and 18 U.S.C. § 2. On this direct criminal appeal appellants raise numerous contentions which we have carefully considered and which we reject as having no merit. Only one of these contentions...

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