Roger Maguire v. United States

Appellant was convicted on one count of violating the Dyer Act ( 18 U.S.C. § 2312 ), was sentenced to five years, and now appeals that conviction in pro. per. and in forma pauperis ( 28 U.S.C. § 1291 ).

On October 7, 1966, in Portland, Maine, appellant, under the assumed name of “Gale Knowles,” rented a car from Saul Arnold, a clerk in a Portland auto rental agency. The rental contract placed a 100 mile limitation on use of the auto and required that the car be returned on October 8th. When the car was not returned on time it was reported stolen.

On November 11,1966, appellant drove the auto referred to from Mexico into the United States at San Ysidro, California. Customs Inspector Cardwell ordered appellant aside to be searched, and to empty his pockets. Appellant complied, producing several different sets of identity cards and a pack of Zig-Zag cigarette papers. Cardwell, suspecting that appellant was smuggling contraband, searched the car, wherein he discovered the rental contract. Appellant could neither explain his numerous identities, nor his possession of the rental car, which should not have left Portland, Maine according to the terms of the contract. Since no contraband…