George David Gonzales v. United States

Following trial by a jury, appellant was convicted of both counts of a two-count indictment charging violation of Title 21 U.S.C. §§ 176a and 174.

Count One charged that on or about July 2, 1960, appellant and one Arrizan, with intent to defraud the United States, knowingly and wilfully smuggled and clandestinely introduced marihuana into the United States from Mexico, contrary to law, which marihuana should have been invoiced. The second count charged that on the same day, appellant and the same Arrizan, contrary to law, knowingly smuggled and imported heroin from Mexico into the United States.

Arrizan pleaded guilty to Count One and, while awaiting sentence, testified as a witness for appellant, exonerating appellant of any culpability in the unlawful smuggling’ and importation of said narcotics.

Jurisdiction of the District Court was based upon Title 18 U.S.C. § 3231 , and jurisdiction of this Court is under the provisions of Title 28 U.S.C. §§ 1291 and 1294.

The narcotics were smuggled into the United States in a spare tire in the trunk of an automobile owned by co-defendant Arrizan. The trunk was equipped with a functioning automatic lock, the key to which was in…