United States v. Carl Anthony Wuco, United States of America v. Timothy W. Sant Agata

Sant Agata and Wuco, convicted on trial to the court, jury waived, in the United States District Court for the Central District of California, Robert Firth, Judge, of importation and possession with intent to distribute of “approximately 1,010 pounds of marijuana, a substance containing approximately 10 pounds of tetrahydrocannabinol (delta-9-THC), a schedule I controlled substance,” appeal on grounds relating to the government’s course in drafting the charges and managing the proof at trial. While we cannot understand or approve the course followed in the government’s presentation, we find no substantial harm to defendants and affirm the convictions.

Defendants were caught red-handed with an aircraft which contained the marijuana shortly after it landed from a trip to Mexico. When charged in an indictment with violation of the statute as it applied to marijuana they indicated that a so-called “species defense” would be raised, a defense contending that more than one species of marijuana is recognized, that the statute is confined to the species described as “cannabis sativa L.” and that the substance seized was another variety of cannabis.

To avoid this issue a…