United States v. Juan Manuel Jiminez-Lopez, United States of America v. Pedro Jiminez-Lopez

A federal grand jury at Tucson, Arizona, returned an indictment against the appellants. Count I charged them with a violation of 21 U.S.C. § 176a by having knowingly and with intent to defraud the United States, received, concealed and facilitated the transportation and concealment of approximately 850 pounds of marijuana, at approximately 25 miles north of Sasabe, Arizona, after the marijuana had been imported into the United States contrary to law, i. e. without the marijuana having been declared and presented for inspection to a United States Customs Officer at the port of entry as required by 19 U.S.C. § 1461 . Count II charged appellant Juan Manuel Jiminez-Lopez, hereinafter Juan Manuel, with violation of 8 U.S.C. § 1325 in that he was an alien and had entered the United States from Mexico at a time and place other than as designated by U.S. Immigration Officers, i. e. near Sasabe, Arizona, and after such entry did elude examination and inspection by U.S. Immigration Officers until he was apprehended in Arizona. In Count III of the indictment, the appellant Pedro Jiminez-Lopez hereinafter Pedro, was charged with a violation of 8 U.S.C. § 1325 , similar to the charge recited…