Jesus Padilla Enriquez and Raul Franco v. United States

This is the second appeal before us in the above entitled matter.

Originally there were seven defendants charged in a seven count indictment. Defendants Enriquez and Franco were charged in Count III with sale and in Count IV with the concealment and transportation, or facilitating the concealment or transportation, of narcotics; and in Count VII were charged with other defendants of a conspiracy to sell and conceal the same narcotics. ( 21 U.S.C. § 174 .) As we noted in our previous opinion (9 Cir., 293 F.2d 788 ), the central figure, one Trigueros, was charged in all seven counts. Prior to the first trial, Trigueros pleaded guilty to Count I along with defendant Farrell. Defendant Diaz pleaded guilty to the conspiracy count. Defendant Rose Montez was acquitted. Jurisdiction of the district court rested upon 21 U.S.C. § 174 , and rests here upon 28 U.S.C. § 1291 .

On this trial, the trial judge dismissed the conspiracy count at the conclusion of the government’s case, and the jury found each appealing defendant innocent of selling, but guilty of the facilitating count (IV), on August 2, 1960.

In our previous opinion we quoted the evidence at some length in order to show that…