Daniel Lovall Spigner v. United States

This is an appeal from a verdict of guilty on each count of a three count indictment, charging the appellant with (a) smuggling 30 lbs. of marijuana into the United States; (b) concealing and transporting said 30 lbs. of marijuana within the United States; and (c) smuggling certain merchandise, viz. two revolvers and certain ammunition, into the United States. The court below had jurisdiction (21 U.S.C. § 176a; 18 U.S.C. § 545 ), and so do we ( 28 U.S.C. § 1291 ).

This appeal raises two questions:

1. The sufficiency of the evidence

There is no merit to the contention that there was insufficient evidence to sustain the conviction. See Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942). Appellant urges that “certain statements” made by him after his arrest were inadmissible because contrary to the rule announced in Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Assuming that the statements made come within the Miranda rule, that rule was held retroactive only to persons whose trials began as of June 13, 1966 or thereafter (Johnson v. State of New Jersey, 384 U.S. 719, 730 , 86 S.Ct. 1772 , 16 L.Ed.2d 882 (1966).)…