Daniel B. Duran, Antonio Gonzalez Guttierez, and Jose Luis Martinez Cruz v. United States

The three appellants herein were severally convicted by a jury on all counts charged against them. Duran was sentenced to 15 years, concurrently, on each of Counts I, II and V. Cruz and Gut-tierez were each sentenced to 5 years, concurrently, on Counts I and V.

Count I charged a conspiracy to illegally import, receive or conceal narcotics. ( 21 U.S.C. § 174 .) Counts II and V were substantive counts charging Duran with receiving and concealing heroin on May 5, 1966 and May 11, 1966. Cruz and Guttierez were each convicted of the conspiracy count (Count I), and of receiving and concealing heroin on May 11,1966 (CountV).

The substance of the conspiracy alleged was that the defendant Daniel B. Duran would arrange for Mexican nationals to smuggle heroin into the United States from Mexico. The shipments of heroin would be brought into the United States approximately once every two weeks. The Mexican nationals would register at motels in Los Angeles County. The defendant Daniel B. Duran would then arrange for the defendant Robert Vasquez and unindicted cocon-spirator Alfred Joseph Ales to accept delivery of the heroin, and pay for it with money supplied by Duran. The defendant Vasquez…