Ernesto Gonzalez-Alonso and Jorge Gumersindo Valdemar Y Dorta v. United States

Appellants, Ernesto Gonzalez-Alonso (hereinafter Gonzalez), and Jorge Gum-ersindo Valdemar y Dorta (hereinafter Valdemar), were convicted following a jury trial, of the first count of a three-count indictment. Count One charged that appellants and Gustavo Sanchez, Angel Luis Ruiz-Rodriguez, an unindict-ed co-conspirator, and divers other persons to the Grand Jury unknown, agreed, confederated and conspired together to commit offenses against the United States, namely, knowingly and with intent to defraud the United States, to import and bring into the United States from Mexico and to smuggle and clandestinely introduce into the United States from Mexico, marijuana, without presenting said marijuana for inspection, and without entering and declaring said marijuana as required by United States Code, Title 19, Sections 1459, 1461, 1484 and 1485, and to conceal, and facilitate the concealment and transportation of marijuana which had been transported into the United States contrary to law, said agreement and conspiracy being in violation of 21 U.S.C. Section 176a. Two overt acts to effect the object of the conspiracy are alleged.

Count Two alleged that appellants knowingly aided,…