Donald J. Russo v. United States

Appellant was convicted in a trial without a jury, on three counts of an indictment. Count 1 charged a failure to pay the transfer tax on 208.4 grams of marihuana in violation of 26 U.S.C. Section 4741 and 4771; Count 2 charged receiving, concealing and facilitating the transportation and concealment of 2.6 grams of heroin; and Count 3 was a similar charge as to 11.3 grams of smoking opium. The latter two counts charged a violation of 21 U.S.C. Section 174 . He was sentenced following conviction, to two years on Count 1 and five years on each of Count 2 and 3, the sentences to run concurrently.

THE FACTS

Considering the record in a light most favorable to the government, as we must on such an appeal, the facts were as follows:

A seizure of 125 lbs. of marihuana was made at the border at Nogales, Arizona port of entry on August 4th 1965. Customs agents Cameron and Washington were the investigating officers. One Charles Russo, a brother of appellant Donald Russo, accompanied by Carol his wife, was the driver of the car. He was arrested and advised of his constitutional rights by the officers. Agent Cameron told him that he “didn’t believe the load of marihuana was for…