Euripedes Quiles v. United States
Opinion
Opinion
Jertberg, J.
Following trial to a jury, appellant was convicted on both counts of a two count indictment charging violations of Title 21 U.S.C. § 176a. Count one charges that beginning at a date unknown to the Grand Jury and continuing to on or about November 24, 1963, appellant and unindicted co-conspirators Candido Rodriguez and Jose Cordoba conspired together to import marihuana into the United States unlawfully. Count two charges that on or about November 24, 1963, Candido Rodriguez knowingly and unlawfully smuggled 180 pounds of marihuana into the United States and that appellant knowingly aided, abetted, and procured the commission of said offense.
The evidence introduced on behalf of the Government, in principal part, consists of the testimony of the unindicted co-conspirators Rodriguez and Cordoba. Their testimony may be summarized as follows:
Both had been sent to Mexico by appellant in an automobile provided by him to pick up a quantity of marihuana in Culia-can, Mexico and were instructed to deliver it to appellant in Los Angeles, California. They picked up the marihuana for which no payment was necessary from a woman at an address in Mexico given Cordoba by appellant. En route…