Julian Fox and James Henry Stanford v. United States

Following a trial before a jury the appellants Julian Fox and James Henry Stanford were convicted of conspiracy to smuggle marijuana, and of a substantive charge of smuggling marijuana from Mexico into the United States.

The District Court had jurisdiction under Title 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 1 of the indictment charged that appellants and coindictees Olivia Ann Barnes, Allison Steward, Elmer A. D. Munns, and unindicted co-conspirator Shirley Jean Gainer and divers other persons to the Grand Jury unknown, agreed, confederated and conspired to commit the offenses of knowingly and with intent to defraud the United States, importing and smuggling marijuana from Mexico to the United States without presenting the marijuana for inspection and without declaring the marijuana as required by law, and concealing and facilitating the concealment and transportation of such marijuana which had been imported into the United States contrary to law. This Count alleged the following overt acts:

(1) On June 14, 1965, Olivia Barnes entered the United States in an automobile containing 42 pounds of marijuana;…