Thomas Mendoza Aguilar v. United States

Aguilar was caught crossing the border from Tijuana, Mexico, to San Ysidro, California, at the American customs checkpoint while driving another’s automobile which had about 98 pounds of marijuana in small packages secreted within it. None were visible without prying. He was charged with smuggling the stuff across the line and with having transported and concealed it. A jury was waived and the district judge found him guilty. A concurrent sentence was imposed for the two counts. We affirm.

The first point on the appeal attacks the sufficiency of the evidence of possession. The car was apparently purchased in the Los Angeles area by one Rolanda Machaka, but we know nothing about him. Aguilar is an automobile mechanic in Tijuana. Apparently his place of business was a street curb. Aguilar took the stand in his own defense. He testified that a Mr. Salvador had been negotiating with him for a couple of days to repair a bad oil pressure condition on the car. Salvador had been introduced to him, he said, by a very casual acquaintance, a Mr. Morales. Eventually it was agreed that Aguilar was to repair the car and also permission was given for Aguilar to take the car and see his cousin…