United States v. Bruce Dunn, Richard Austin Mandeville, Joseph Harvey Zeligs, Darold Lanier Milligan, Richard Lee Shinafelt

Appellants Dunn, Mandeville, Zeligs, Milligan, Shinafelt, and others not parties to this appeal, were indicted on four counts of conspiracy and attempt in respect to possession, importation, and intended distribution of hashish, violations of 21 U.S.C. §§ 841 (a)(1), 846, 952, 960 and 963. Following a three-week trial and almost two weeks of deliberation, the jury found Zeligs, Shinafelt, Dunn and Milligan guilty on all four counts. Mandeville was found guilty on counts I and III only, those relating, respectively, to conspiracy and attempt to import a controlled substance.

Subsequent to the jury’s verdicts, appellants moved for judgments of acquittal or for a new trial, Fed.R.Crim.P. 29(c), 33. The motions were denied. Thereupon, the court entered judgments of conviction and imposed sentences upon all appellants. They now appeal.

The appeal is based, inter alia, upon the alleged insufficiency of the evidence. For reasons hereinafter stated, we have concluded as a matter of law that the evidence was indeed insufficient as to Dunn, Milligan, Shinafelt, and Mandeville; accordingly, we reverse the judgments of conviction as to them. However, we find that the evidence was…