John Floyd Tennant v. United States

The appellant and another person were the occupants of a vehicle which the appellant drove into the United States from Mexico. Immediately after the automobile entered our Country, it was subjected to a routine border search by United States officials. The search revealed a quantity of marijuana, concealed in the automobile. After appellant’s companion had gotten out of the automobile, the appellant sped away. A customs inspector, according to his testimony, had already “told [appellant] that he was under arrest for possession of marijuana.” The officer attempted to remain with the vehicle but jumped from it, or was thrown from it, after it had traveled a short distance. The appellant was apprehended some six months later and charged, in a three-count indictment, with three offenses. In a jury trial, he was convicted of the three charges. The first two were violations of 21 U.S.C. § 176a, and from the judgment of conviction of these offenses, he does not appeal. He does appeal from the judgment of conviction on the third charge under which he was sentenced to a five-year term of confinement consecutive to the terms of his other sentences.

The third count of the indictment charged…