Louie Valenzuela-Hernandez and Sofia Daniels Valenzuela v. United States

Louie Valenzuela-Hernandez and Sofia Daniels Valenzuela, appellants herein, were charged in an indictment filed in the United States District Court for the District of Arizona with a violation of 21 U.S.C. § 176a. The indictment charged that appellants did “knowingly, and with intent to defraud the United States of America, import and bring into the United States of America from the United States of Mexico, at Nogales, Arizona, approximately seven (7) pounds, twelve (12) ounces of marihuana, and approximately eight (8) marihuana cigarettes, contrary to law, all in violation, of 21 U.S.C., § 176a.” The record shows that appellants entered the United States from Mexico in a white Chevrolet Corvette automobile; that the car was searched by the Customs agents at the border, and that they found over seven pounds of marihuana concealed behind the right hand kick panel and eight marihuana cigarettes under the driver’s seat. The appellants were tried by a jury which found them guilty and they each filed timely notices of appeal. This court has jurisdiction under 28 U.S.C. § 1291 .

The appellants first allege that the court engaged in prejudicial conduct in the presence of members of the…