United States v. Robert Alan Moler and Calvin Edward Titus, Jr.

In a three count Indictment filed on June 30, 1971, the appellants were charged in count one thereof with having knowingly and intentionally imported three and one-half pounds (3%) of marijuana into the United States on May 27, 1971, in violation of 21 U.S.C. § 952 (a), and in count two with having possessed, with intent to distribute, the same marijuana in violation of 21 U.S.C. § 812 (c). The third count of the Indictment was dismissed on motion of the Government. Both appellants were found guilty and sentenced on each of the two counts. This appeal followed.

Although several issues have been presented on this appeal, we believe it is only necessary to consider one of them, i. e., whether the court properly denied appellants’ motion for judgment of acquittal at the close of the entire case.

After carefully reviewing the record of the evidence in this case, viewed in the light most favorable to the government, we are of the opinion that there was not sufficient competent evidence to convict the appellants, or either of them, of the offenses with which they were charged. The essentia] element of the offense charged in count one is that the appellants imported or caused to be…