UNITED STATES v. CHILDS

Nos. 71-2472, 71-2473.

457 F.2d 173 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Elijah Wallace CHILDS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John Thomas CHILDS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 23, 1972.


Attorney(s) appearing for the Case

J. Mathias Myers, R. Lamar Couser, Tucson, Ariz., for defendants-appellants.

Stephen M. McNamee, Asst. U. S. Atty. (argued), Richard K. Burke, U. S. Atty, Tucson, Ariz., for plaintiff-appellee.

Before BROWNING and GOODWIN, Circuit Judges, and LUCAS, District Judge.


PER CURIAM:

The only question requiring discussion on these appeals from convictions under 21 U.S.C. § 176a is whether, particularly in light of United States v. Carrion, 457 F.2d 200 (9th Cir. 1972), there was sufficient evidence to permit the jury to conclude that the marihuana had been unlawfully imported and that appellants knew that it had been unlawfully imported.

These elements of the offense may be established...

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