United States v. Lawrence Wayne Mollat, 448 F.2d 789 (9th Cir. 1971).
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United States v. Lawrence Wayne Mollat, 448 F.2d 789 (9th Cir. 1971). Book View Copy Cite
UNITED STATES of America, Plaintiff-Appellee,
v.
Lawrence Wayne MOLLAT, Defendant-Appellant
71-2359.
Court of Appeals for the Ninth Circuit.
Oct 14, 1971.
448 F.2d 789
Taylor J. Daigneault (appeared), Daigneault, Abel & Daigneault, Torrance, Cal., for defendant-appellant., Paul Sweeney, Asst. U. S. Atty. (appeared), Robert L. Meyer, U. S. Atty., Eric A. Nobles, Chief, Crim. Div., Los Angeles, Cal., for plaintiff-appellee.
Per Curiam.
Cited by 2 opinions  |  Published
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.