United States v. Stephen George Fithian

This appeal is taken from conviction of conspiracy to smuggle marijuana in violation of 21 U.S.C. § 176a and from sentence imposed under that section.

Conviction

We find no merit in appellant’s attacks on his conviction.

Leary v. United States, 395 U.S. 6 , 89 S.Ct. 1532 , 23 L.Ed.2d 57 (1968), does not require reversal since no resort here was had to the presumption with which that case dealt. Witt v. United States, 413 F.2d 303 (9th Cir. 1969) cert. denied, 396 U.S. 932 , 90 S.Ct. 272 , 24 L.Ed. 2d 230 (1969); United States v. Cordova, 421 F.2d 471 (9th Cir. 1970) cert. denied, 398 U.S. 941 , 90 S.Ct. 1855 , 26 L.Ed.2d 276 (1970); United States v. Cepelis, 426 F.2d 134 (9th Cir. 1970).

Section 176a is not void for vagueness. The meaning of the challenged phrase, “with intent to defraud the United States,” has been made clear in countless decisions. See, e.g., Leary v. United States, supra, 395 U.S. at pages 14-16, 89 S.Ct. 1532 . The language in question has reference to a specific regulatory scheme to which the courts have repeatedly pointed.

The record does not support appellant’s contention that he was denied information as to the criminal convictions of government…