Lloyd L. Mott v. United States

Lloyd L. Mott, appellant herein, was charged in an indictment filed by the Grand Jury in the United States District Court for the District of Arizona with violating 21 U.S.C. § 176a (conspiring to bring 542 pounds of marihuana into the United States). He was tried before a jury while represented by counsel, was found guilty and sentenced to a term of imprisonment. He made a timely appeal to this court which has jurisdiction under 28 U.S.C. § 1291 , et seq. We affirm.

Appellant’s sole contention on this appeal is that the district court erred in not granting his motion for a judgment of acquittal upon the ground of insufficient evidence. Appellant did not testify in the district court. The following facts are established by the testimony produced by the prosecution.

At about 8:15 p.m. on February 22, 1966, appellant driving a blue El Camino Chevrolet stopped at the office of a taxicab company in Ajo, Arizona, and inquired about obtaining a taxicab for a trip to Lukeville, Arizona, which is a small border town approximately 40 miles from Ajo, of about 35 inhabitants. On being informed of how a taxicab could be obtained and the time involved in driving to Lukeville, appellant left…