Thomas Nicholas Olar, Jr., and Antoney Geanti v. United States

The information in this case reads as follows:

Both defendants were convicted and they appeal.

Their principal claim is that it was plain error to read to the jury section 545 of Title 18 U.S.C., which condemns bringing merchandise into the United States, “knowing the same to have been * * * brought into the United States contrary to law,” without also reading or instructing as to the provisions of the statute, here 19 U.S.C. § 1461 , which is the law alleged to have been violated. It requires that “All merchandise * * * brought in * * * shall be unladen in the presence of and be inspected by a customs officer.” No such instruction was requested. Appellants rely on cases holding that it is plain error (Rule 52(b) F.R.Crim.P.) not to instruct the jury on every element of the offense. E. g., Morris v. United States, 9 Cir., 1946, 156 F.2d 525, 527-528 . Here, however, we cannot find “plain error.”

The undisputed evidence is that appellants drove across the border from Mexico in an automobile in which there were concealed 600 barbiturate capsules, and that they did not declare them or unload them for inspection; they only declared one bottle of liquor and one painting. Their only…