William Garrett v. United States

Garrett appeals from a judgment of conviction, following a jury’s verdict, on both counts of a two-count indictment. Sentences were concurrent. We therefore consider only the first count, which charges a conspiracy to import marihuana from Mexico in violation of 21 U.S.C. § 176a. The second count charg ed aiding and abetting importation of marihuana. We affirm.

Garrett was tried alone. A number of claims of error are made. They can best be considered in the light of the facts, which, stated most favorably to the government, are as follows: In October, 1964, John Arthur Ford went to Compostela, Mexico. Before he left, Garrett told him to keep his eyes open for anything available. In December, 1964, Ford wrote to Garrett, saying that he could get marihuana. In reply, Garrett wrote, in part:

Garrett sent Ford a telegraph money order, and Ford bought, in Mexico, and delivered to Garrett, in California, a substantial quantity of marihuana. This occurred in January, 1965. All of this evidence came in over objection, and the court instructed the jury that they should consider it only as bearing on Garrett’s intent.

In February, Garrett, Barbara Garrett and Ford met at Garrett’s home…