UNITED STATES V. GOULD
536 F.2d 216 (8th Cir. 1976)
NATURE OF THE CASE: This was an appeal from a conviction for importing cocaine. Gould
(Ds) challenged their convictions for conspiring to import and for importing cocaine into
the United States in violation of the Controlled Substances Import and Export Act, 21
U.S.C.S. 951 et seq. (1970).
FACTS: Gould and Carey (Ds) were convicted of conspiracy to import and importing cocaine
from South America. Ds enlisted the aid of Carey's sister and used hollowed out platform
shoes to ship 2 pounds of cocaine. They were not successful as the customs agents insisted
on X-raying the shoes. During trial, experts testified that the shoes contained a substance
called cocaine hydrochloride, a derivative of coca leaves. The judge instructed the jury
that if they found the substance in the shoes to be cocaine hydrochloride they were
instructed that this was a schedule II substance. Ds were convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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