Dale Mathis v. United States

Following trial to a jury, appellant was convicted on both counts of a two count indictment, each charging a violation of 21 U.S.C. § 176a. Count I charged that on or about the 10th day of July, 1964, appellant knowingly and with intent to defraud the United States, received, concealed and facilitated the transportation and concealment of approximately 2.250 grams of marijuana, after the marijuana had been imported and brought into the United States contrary to law, knowing that the marijuana had been imported contrary to law.

Count II in language similar to that contained in Count I charged that on or about the 17th day of September, 1964, appellant received, concealed and facilitated the transportation and concealment of a marijuana cigarette.

Appellant was sentenced to the custody of the Attorney General for a period of seven years on each count of the indictment, the sentences to run concurrently.

21 U.S.C. § 176a provides that the punishment for violation of said section shall be imprisonment for not less than five or more than twenty years, and in addition the offender may be fined not more than $20,000.00. If we find appellant’s conviction on Count II is free from…