United States v. Wallace Eugene Wong

The opinion heretofore filed in the above case on February 5, 1970 is withdrawn and set aside. The petition for rehearing thereon is denied.

The following is substituted as the opinion of the court:

Wallace Eugene Wong, appellant herein, was charged in a nine-count indictment filed in the United States District Court for the Central District of California, with participation in three separate transactions involving cocaine. Counts 1, 2 and 3 involved a transaction upon November 1, 1967; Counts 4, 5 and 6 involved a transaction on February 9, 1968; and Counts 7, 8 and 9 involved a transaction on February 20, 1968.

In Counts 1, 4 and 7 appellant was charged with having unlawfully received, concealed and facilitated the concealment and transportation of a stated amount of cocaine which appellant knew had previously been imported into the United States contrary to Title 21, United States Code, § 174 .

In Counts 2, 5 and 8 appellant was charged with having sold stated amounts of cocaine to an agent and that appellant knew that the cocaine had been imported into the United States contrary to said section 174.

In Counts 3, 6 and 9 appellant was charged with having transferred stated…