United States v. Walter Eugene Miller, A/K/A "Red" Miller

On May 22, 1975,. a five-count indictment charging defendant Walter Eugene Miller (hereinafter Miller) with various narcotics offenses was returned by the Grand Jury for the Southern District of California. Count I alleged that Miller and co-indicted Ray Chandler Channell, together with unindicted co-conspirator and accomplice David Wells Stutler (hereinafter Stutler), conspired to import marijuana into the United States from Mexico, and to distribute it, all in violation of 21 U.S.C. 846 and 963. Counts II and IV alleged importation of marijuana by these same parties in violation of 21 U.S.C. 952, 960, 963 and 18 U.S.C. 2. Counts III and V alleged possession of marijuana by these parties in violation of 21 U.S.C. 841(a)(1).

Ray Chandler Channell was a fugitive from justice and was not arraigned or tried with defendant.

Miller was arraigned on the charges and entered pleas of not guilty. He was tried by a jury and found guilty on the Count I conspiracy charge. He was found not guilty of the four other substantive counts of importation and possession. He timely appealed his conviction for conspiracy. Jurisdiction rests with 28 U.S.C. 1291.

We reverse and remand for further…