Ben Edward Alexander v. United States

This appeal is from a judgment and sentence following a jury’s verdict of guilty of an indictment charging the receipt and concealment, and facilitation of the transportation and concealment, in the District of Arizona, of a quantity of heroin, in violation of 21 U.S.C. § 174 .

The evidence adduced at the trial disclosed that about 8:00 P.M., on August 24, 1964, a Customs Agent stationed at the Mexican border in Nogales, Arizona, observed appellant’s accomplice, one Arnold, cross the border into the United States driving a 1961 blue Buick automobile bearing license number FCT-794. Arnold was alone at the time. Acting upon a “tip” from an informer, the Arnold vehicle was followed by Customs officers and, except for a few minutes when the car was temporarily lost from sight, this surveillance continued until Arnold parked on Morley Avenue in No-gales, Arizona. There Arnold left the car, walked across the street, and sat down in a nearby park.

About 8:30 P.M. that evening, appellant was observed crossing the Mexican border and entering the United States on foot. Appellant registered as a narcotic violator pursuant to 18 U.S.C. § 1407 , as he had done upon entering Mexico earlier…