United States v. Robert Nicholson

Robert Nicholson appeals his convictions for conspiracy to possess marijuana with the intent to distribute, 21 U.S.C. § 846 , and conspiracy to import marijuana in violation of 21 U.S.C. § 952 (a). Since we find no merit in appellant’s contention that he did not “knowingly” invest $20,000 in a scheme to import marijuana, the judgments are affirmed in all respects.

The original indictment charged the appellant-defendant, Robert Nicholson, with participation in a large conspiracy to import marijuana from Thailand into the United States. Nicholson was named in four of the ten counts of the indictment. He was charged with conspiracy to possess marijuana with the intent to distribute (Count I), conspiracy to import marijuana (Count II), and the corresponding substantive offenses (Counts III and IV). His trial, which was severed from that of his co-defendants, began on December 10, 1980 before United States District Judge Helen J. Frye of the District of Oregon. At the close of the government’s case, the appellant moved for a judgment of acquittal on all counts. This motion was granted on the substantive counts, but not on the conspiracy counts. At the close of all the evidence, the…