Felipe Rivera Coronado v. United States

Good Law
390 F.2d 16·1968 U.S. App. LEXIS 7985
United States Court of Appeals for the Ninth CircuitFebruary 21, 196821367California595 words

Opinion

Opinion

Duniway, J.

Coronado was convicted on two counts of an indictment and he appeals. The first count charges Coronado and one Reinoehl with illegal importation of marihuana (21 U.S.C. § 176a) and the second charges Reinoehl with concealing and transporting illegally imported marihuana (id.) and Coronado with aiding and abetting. ( 18 U.S.C. § 2 .) We affirm.

There is ample evidence to sustain the convictions. Briefly, it is that Reinoehl and Coronado drove in Reinoehl’s car from Los Angeles to Mexico to buy marihuana. Coronado was to obtain the marihuana; Reinoehl supplied the car and most of the money. In Mexico, Coronado arranged to buy, and did buy, 3 kilos; Reinoehl’s share was to be 2 kilos, Coronado’s, 1 kilo. The two of them concealed the marihuana in Reinoehl’s car. They then crossed the border at Tecate, the car was searched and the marihuana was found.

1. Possession.

It is claimed that there was no proof that Coronado had possession of the marihuana. Possession was not in issue in this case. There was direct proof of illegal importation and of Coronado’s participation, and ample evidence from which to infer Coronado’s guilty knowledge. Possession must be shown only when the…

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