United States v. Charles Raymond Williams

Appellant was tried with two co-defendants on a charge of conspiring to import and distribute marihuana in violation of 21 U.S.C. Sec. 846 and 963. The jury failed to reach a verdict, and a mistrial was declared. Thereafter, appellant waived another jury trial and was convicted by the judge on the basis of the evidence adduced at the previous jury trial. He was sentenced, pursuant to 18 U.S.C. Sec. 4208 (a)(2), to imprisonment for four years. The court also imposed a special two-year parole term, as prescribed by 21 U.S.C. Sec. 841 (b)(1)(B). This appeal followed.

A fourth co-defendant, one Ettinger, testified for the prosecution. He stated that in January, 1974, appellant and his partner, Meyers, had asked Ettinger to help them find a pilot to fly about eight tons of marihuana from Mexico. On March 18, 1974, Ettinger met a man named Per Jensen, an undercover pilot-agent of the Drug Enforcement Administration (DEA) and asked him if he were interested in the job. Jensen answered affirmatively, and Ettinger introduced him to Meyers.

Ten days later, on March 28th, Ettinger and Jensen drove to the Banning, California, airport, where Ettinger rented a hangar which Meyers had…