United States v. George Roger Marsh

Appellant, then 19 years old, was convicted on a two-count indictment charging two transfers of marihuana to a 15-year-old girl in violation of former 26 U.S.C. § 4742(a). He was sentenced to ten years’ imprisonment pursuant to former 26 U.S.C. § 7237 (b) We affirm.

1. Appellant’s claim of denial of due process by the three-and-one-half month delay between commission of the offense and indictment and arrest was not raised below, and we therefore need not consider it. Benson v. United States, 402 F.2d 576, 580-581 (9th Cir. 1968). In any event, it appears from the record that the only prejudice alleged- — inability of appellant’s alibi witnesses to recall the precise time at which they had seen appellant — was not due to dimmed memory, but rather to the fact that they had no watch, or didn’t look, or for other reasons were not aware of the precise time at the moment they saw appellant.

2. The transfers charged occurred on August 23 and August 27, 1969. The transferee testified she also obtained marihuana from appellant about August 7. Appellant’s counsel objected to this testimony. The objection was sustained, and appellant does not now complain about the testimony directly.…