United States v. Terry Joseph Wing

Appellant Terry Joseph Wing was indicted with three other defendants (McMullen, Franklin and McGoldrich) by a grand jury in the United States District Court, Southern District of Texas, Corpus Christi Division (No. ‘ 68-C-15), and each was charged in three counts with (a) conspiracy to smuggle marijuana from Mexico into the United States; (b) the substantive crime of smuggling 500 pounds of unin-voiced marijuana into the United States; and (c) with the substantive count of transporting, and facilitating the transportation and concealment, of the marijuana after importation, knowing it to have been imported contrary to law.

The record before us is silent as to the outcome of the charges against the defendants Franklin and McGoldrich. The government recites they are fugitives. The charges against appellant and defendant McMullen were, on motion of defendant Wing, transferred for trial to the now Northern District of California for trial. Each defendant entered a not guilty plea; and thereafter defendant McMullen changed his plea of not guilty to guilty.

Appellant Wing waived a jury trial, and was found guilty of all three counts. He was sentenced to eight years on each count; the…