UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LAWRENCE WAYNE MOLLAT, DEFENDANT-APPELLANT

9th Cir. | 1971-10-14
No. 71-2359
448 F.2d 789 United States Court of Appeals for the Ninth Circuit (1971)
Cited by 5 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

The judgment of conviction in this marijuana transportation case is reversed. The main problem is on the knowledge of importation from Mexico. We regard the “smell” of the gasoline and the aerial map of a portion of Mexico found in the plane as just too thin to sustain a conviction here beyond a reasonable doubt.

Obviously, the defendant who transported over one-third of a ton of marijuana violated Arizona and California laws, but federal officials chose to keep the case with all of its Leary problems (Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969)). We assume that neither the California nor the Arizona statute of limitations has yet run.


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