United States v. Noel Allan Ingman

Good Law
426 F.2d 973·1970 U.S. App. LEXIS 9262
United States Court of Appeals for the Ninth CircuitMay 13, 197023507California2,192 words

Opinion

Opinion

Duniway, J.

Ingman appeals from his conviction by a jury under two indictments, one charging that he had acquired marihuana without having paid the transfer tax in violation of 26 U.S.C. § 4744 (a) (1) and the other that he wilfully failed to appear for arraignment in violation of 18 U.S.C. § 8150 . The two charges were tried together. He received a three year sentence on the marihuana charge and a two year sentence on the bail-jumping charge, the latter sentence to be served consecutively to the former. We reverse as to the marihuana charge and affirm as to the bail-jumping charge.

Federal narcotics agents arrested Ingman on August 22, 1967, at the Portland, Oregon airport with a package in his possession containing four pounds of marihuana. Ingman had just picked up the package at the air freight desk, using an assumed name. The four pounds were the remainder of a larger shipment of marihuana sent by Ingman’s brother in Los Angeles; narcotics agents in Los Angeles had confiscated most of the shipment after being notified by air freight employees who had become suspicious of the package and opened it.

Ingman admitted the facts charged; his sole defense at trial was insanity. He presented…

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