Alejandrino Diaz-Rosendo and Antonio Daniel Marrero-Perez v. United States

Following trial to a jury, appellants were convicted on both counts of a two count indictment. The first count alleged that appellants, hereinafter named Diaz-Rosendo and Marrero-Perez, and one Munoz, and one Murrillo, and other persons to the Grand Jury unknown, agreed and conspired together to commit offenses against the United States, namely: knowingly and with intent to defraud the United States, to import and bring marijuana into the United States from Mexico; to knowingly smuggle and introduce marijuana into the United States without entering and declaring said marijuana as required by law; and to conceal and facilitate the concealment and transportation of marijuana which had been imported into the United States contrary to 21 U.S.C. § 176a. It was also alleged that the defendant, Murrillo, committed the overt act of entering the United States from Mexico in an automobile containing approximately 116 pounds of marijuana.

The second count alleged that Murrillo, with intent to defraud the United States, knowingly smuggled into the United States from Mexico approximately 116 pounds of marijuana and unlawfully imported the said marijuana, and that the appellants and said Munoz…