Richard Kenichi Kaneshiro, A.K.A. Richard Higa, and George Ekita v. United States

Appellants were indicted, tried by a jury and convicted of transporting firearms in foreign commerce without a license and of conspiracy to transport firearms in foreign commerce without a license, both in violation of 15 U.S.C. § 902 (a). They appeal. We affirm.

Factual Background

Appellant Kaneshiro was employed as a baggage and cargo handler for Pan American Airways. In May, 1967, in Tokyo, Japan, he and an acquaintance, Nyuk Lin Loo, entered into a joint venture with a Tokyo resident, Townsend, to ship guns from Hawaii to Japan and there sell them. Upon returning to Honolulu, Kaneshiro obtained six or seven new pistols, put them in a suitcase, and contacted Raymond Tom, the cargo supervisor for Pan American. Kaneshi-ro told Tom that the suitcase was excess baggage belonging to Loo, and asked Tom’s help in shipping the suitcase to Tokyo in the near future. The ostensible purpose behind seeking Tom’s assistance was to help Loo avoid paying an excess baggage charge. Tom agreed to ship the suitcase, provided it did not contain any contraband. Kaneshiro assured him it did not.

In early June, 1967, Kaneshiro, Loo and another man, identified by Tom as appellant Ekita, met Tom at…