Raoul Moody v. United States

Following trial to a jury on a two count indictment, appellant was convicted on both counts. The first count charged a violation of 21 U.S.C. § 174 , — the knowing importation of approximately eight ounces of heroin, a narcotic drug, into the United States from Mexico. Count Two charged the concealment and transportation of said heroin in the United States knowing the same to have been unlawfully imported from Mexico. Appellant was committed to the custody of the Attorney General for a period of ten years on each count, the sentences to run concurrently.

Included in the indictment as co-defendants were Fermín Aguirre, and Sally Moody, the sister of appellant, who is alleged to have aided and abetted in the commission of the offenses charged against the appellant and Fermín Aguirre.

Prior to trial the District Court granted Aguirre’s motion for severance of trial under Rule 14 of the Federal Rules of Criminal Procedure. At the conclusion of the government’s case the District Court granted Sally Moody’s motion for judgment of acquittal. Hence, appellant' is the only party named in the indictment who is a party to this appeal which the District Court permitted to be taken in forma…