Alejandrino Diaz-Rosendo and Felix Anenson Fernandez v. United States

Following trial to a jury the appellants, Alejandrino Diaz-Rosendo and Felix An-enson Fernandez, hereinafter Diaz and Fernandez, respectively, were convicted of offenses hereinafter described.

The District Court had jurisdiction under 18 U.S.C. §§ 2 and 3231, and 21 U.S.C. § 176a. This court has jurisdiction under 28 U.S.C. §§ 1291 and 1294.

Count One of the indictment charged that Diaz, Fernandez, one Antonio Contreras-Zumaya, hereinafter Contreras, and other persons to the grand jury unknown, conspired to import and bring into the United States from Mexico, marijuana, without presenting said marijuana for inspection and without entering and declaring said marijuana as required by 19 U.S.C. §§ 1459 , 1461, 1484 and 1485, and to conceal, transport and facilitate the concealment and transportation of marijuana which had been imported into the United States contrary to the law, being in violation of 21 U.S.C. § 176a. This count contains two overt acts: (1) on March 10, 1964, Contreras drove an automobile containing approximately 204 pounds of marijuana; and (2) on or about March 10, 1964, Fernandez purchased an automobile tire for a 1953 Buick automobile.

Count Two charged that…