Court of Appeals for the Ninth Circuit June 1, 1970, 23697, 23698 (United States v. Xavier De La Cruz Bellinger, United States of America v. Jacqueline Cynthia Holley)

EUGENE A. WRIGHT, Circuit Judge.

On September 25, 1968, a five-count indictment was returned against appellants Bellinger and Holley, and Dudley Beavers. Following a joint jury trial, a verdict was returned finding appellants guilty of conspiring to smuggle marihuana into the United States (Count I), assaulting a customs agent with a deadly and dangerous weapon (Count II), and smuggling 1,000