Alberto Hernandez-Nunez v. United States

The indictment under which appellant was convicted charged that on or about January 9, 1968, he and Silverio Amaril-las-Gomez did receive, conceal, and facilitate the transportation and sale of approximately fifteen pounds of marihuana two miles north of Nogales, Arizona, on United States Highway 89, “after the same had been imported” into the United States from Mexico contrary to law, “and when” appellant and Silverio Amarillas-Gomez “knew the same had been imported” contrary to law, in violation of 21 U.S.C. § 176a.

The government offered evidence from which the jury could have found that on the evening of January 8, 1968, appellant and Silverio Amarillas-Gomez met with a government undercover agent and agreed to sell the agent marihuana which was to be obtained from Mexico by Sil-verio Amarillas-Gomez and delivered to the agent at the location alleged; and that Silverio Aramillas-Gomez then went to Mexico, returned with the marihuana, and delivered it to the agent shortly after midnight on January 9, as agreed.

Appellant’s argument is that the government’s evidence established that his participation preceded the importation of the marihuana, and therefore failed to establish…