Tony Campos Mejia v. United States

The appellant was prosecuted for receiving, concealing and transporting marijuana. He was found guilty by a jury and sentenced to a term of 20 years imprisonment. Upon appeal his conviction was affirmed by this Court. Mejia v. United States, 253 F.2d 560 .

Subsequently, on May 22, 1959, appellant filed the motion which is the subject matter of this appeal seeking a new trial on the ground of newly discovered evidence. The court below denied the motion and the ease is here upon appeal from that denial. The order of the court below is appealable under the rule stated in Balestreri v. United States, 9 Cir., 224 F.2d 915 .

The evidence at the trial showed that on February 20, 1957, two persons in a 1955 Plymouth automobile delivered approximately 40 pounds of marijuana to one Peter Young. Narcotics officers who were present arrested Young as delivery was attempted but the persons in the automobile escaped. Evidence to connect the appellant with the attempted delivery of marijuana was substantially as follows: The license number of the automobile led to proof that the car was registered in the appellant’s name; approximately a week after the crime the car was found across the street…