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UNITED STATES v. LOWRY

No. 81-5208.

675 F.2d 593 (1982)

UNITED STATES of America, Appellee, v. William Albert LOWRY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 2, 1982.

Rehearing and Rehearing Denied May 20, 1982.

Attorney(s) appearing for the Case

Thomas C. Manning, Raleigh, N. C. (Barbara A. Smith, Cheshire & Manning, Raleigh, N. C., on brief), for appellant.

William C. Bryson, Dept. of Justice, Washington, D. C. (Samuel T. Currin, U. S. Atty., Raleigh, N. C., on brief), for appellee.

Before MURNAGHAN and SPROUSE, Circuit Judges, and MICHAEL, District Judge.

Rehearing and Rehearing En Banc Denied May 20, 1982.

SPROUSE, Circuit Judge:

William L. Lowry appeals his conviction, after a jury trial, of importing marijuana in violation of 21 U.S.C. §§ 952(a) and 960(a)(1), and of using the United States mails to facilitate the importation in violation of 21 U.S.C. § 843(b).

In January 1979, customs agents in Miami, Florida, alerted by a narcotics-detecting dog, intercepted and opened a package...

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