Raymond Hill v. United States

The appellant was charged in count one of an indictment with concealing and facilitating the concealment and transportation of marihuana without paying the transfer tax, in violation of Section 4744, Title 26 of the United States Code ; count two with transferring marihuana not in pursuance of a written order from the transferee, in violation of Sections 4742 and 7237 of Title 26, United States Code.

After trial by jury, appellant was found guilty on both counts. Following the denial of a motion for new trial, appellant was sentenced to a term of two years on count one, and to five years on count two, the terms of imprisonment to run concurrently.

Appellant does not question the sufficiency of the evidence to sustain his conviction under count one.

The specifications of error relied upon by appellant are:

1. The evidence is insufficient to support the verdict of guilty on count two;

2. Under the facts and circumstances of the case the appellant was not accorded a fair trial; 3. The application of Title 26, United States Code, Sections 4742 and 7237, in such a manner as to make mandatory a minimum sentence of five years without the privilege of applying for probation is…