United States v. Frank Edward Gegax

An aircraft crashed on a highway near Tonopah, Nevada, at night. The defendant and about 1300 pounds of marihuana were on it. After unloading some of the marihuana, defendant fled some 20 miles into the desert. He was tracked and apprehended. He was charged with possession in Count I ( 21 U.S.C. § 841 (a)(1)) and importation in Count II ( 21 U.S.C. §§ 952 (a) and 960). He was convicted on Count I, and Count II was dismissed by the court. His defense as to Count I was that he had been forced to do what he did by one' Larson. The defense depended entirely upon defendant’s testimony which, in light of the facts developed, was simply not. credible. Following the verdict defendant’s motion for a new trial was denied.

The claim of misconduct on the part of the prosecutor borders on the frivolous and deserves no discussion.

When arrested defendant was advised that he had a right to remain silent, that anything he said might be used against him, and that he had a right to a lawyer, government-appointed if necessary, before he was questioned. Some 30 minutes later he made statements which were admitted. He was not warned immediately prior to making the statements. The court,…