James Riley, Jr., and Frank Marshall v. United States

Appellants, James Riley, Jr. and Frank Marshall (hereinafter referred to respectively as “Riley” or “Marshall”) were each convicted by jury verdict on both counts of a joint two count indictment. The first count charged a conspiracy by the two men to receive, conceal and transport an illegally imported narcotic substance, i. e., heroin. The second count charged the receipt, concealment and transportation of the heroin all in violation of Sections 173 and 174, Title 21, United States Code. Concurrent ten year sentences were meted out.

The principal errors relied on in the order to be discussed are as follows:

A review of the facts leading up to the arrest of the appellants and of the occurrences immediately thereafter is required.

Nogales, Arizona is a relatively small town located adjacent to the border between the United States and the Republic of Mexico. Nogales, Sonora, Mexico is across the international border from No-gales, Arizona. As is true of many such border towns, the port of entry at No-gales is frequently utilized for the unlawful smuggling of narcotics from Mexico to the United States. Considerable surveillance by customs authorities in No-gales, Arizona is…