Ruben Sendejas and Seferino Leyvas v. United States

Appellants, Ruben Sendejas and Seferino Leyvas, were charged along with two other defendants with conspiracy to smuggle marijuana into the United States contrary to law, 21 U.S.C. § 176a. A jury trial was held and appellants were found guilty of the charge. However, the court in treating appellant Ruben Sendejas’ motion for judgment of acquittal as a motion for a new trial, found that Sendejas was guilty of the “lesser offense,” conspiracy to (1) attempt to acquire or otherwise obtain marijuana or (2) to in any manner facilitate the transportation or concealment of marijuana in the United States without paying the transfer tax imposed by § 4741(a), Title 26, United States Code Annotated. 26 U.S.C. § 4744 (a) (2) and 18 U.S.C. § 371 . Sendejas was committed to the Attorney General for an examination to determine whether he was a narcotic addict and likely to be rehabilitated through treatment. Appellant, Seferino Leyvas, was sentenced to twelve (12) years imprisonment. This appeal followed.

Some of the facts in the case are in dispute, but the following facts can be said to be settled.

On August 11, 1968, Jesus Casanova-Leon (Casanova) was offered a $250 retainer fee in Mexico by…