Alfonso Beltran Alverez v. United States

Appellant was convicted .by a jury on two counts of violating Title 21 U.S.C.A. § 176a. One count of the indictment alleged the sale of marihuana by the appellant. The second count alleged that appellant received, concealed and facilitated the transportation and concealment of marihuana.

Jurisdiction of the district court was based upon Title 21 U.S.C.A. § 176a. This Court has jurisdiction under Title 28 U.S.C.A. §§ 1291 and 1294(1).

While appellant does not question the fact that the evidence was abundantly sufficient to sustain the conviction we will briefly review the evidence in order to place in proper focus certain of the errors specified by appellant. Evidence must be viewed in the light most favorable to support the judgment. Glasser v. United States, 315 U.S. 60 , 62 S.Ct. 457 , 86 L.Ed. 680 ; Robinson v. United States, 9 Cir., 1959, 262 F.2d 645 ; Williams v. United States, 9 Cir., 1960, 273 F.2d 781 . Appellant drove from Tijuana, Mexico, to Los Angeles in an automobile belonging to a casual acquaintance who lived in Mexico. Shortly after appellant’s arrival in Los Angeles he was contacted by a federal narcotics agent and a special employee, whom we assume to have…