Lawrence Decarlo and Daniel Thomas Decarlo v. United States

Lawrence and Daniel DeCarlo appeal from their conviction under each of three counts charging:

(1) aiding and abetting Michael and Sharilyn Brown in smuggling marihuana which should have been invoiced and importing marihuana contrary to law, (2) aiding and abetting the same persons in knowingly concealing and facilitating the transportation and concealment of marihuana which had been imported contrary to law, and (3) conspiring with the Browns to import and to smuggle marihuana into the United States, all in violation of 21 U.S.C. § 176a. Each was given concurrent sentences. We affirm.

1. The facts.

Customs agents found eleven kilo-packages of marihuana concealed in a vehicle owned by Michael Brown when Brown drove his car into the United States at San Ysidro, California, from Tijuana, Mexico. The discovery of the marihuana in the Brown car provided the finis to a trip to Mexico begun jointly by Michael Brown, his wife Sharilyn, and Danny, Larry, and Miriam DeCarlo. Brown picked up the DeCarlos at their home in Inglewood, California at about 11:30 a. m. on July 30, 1966. After picking up Brown’s wife, the group journeyed to Tijuana. Brown testified at trial that once the group…