United States v. David Echevarria Garcia

Appellant David Garcia, together with defendants Gabriel Hernandez and Christine Segovia, was convicted of the charges in a four-count indictment. The counts charged as follows: Count One charged a violation of 21 U.S.C. § 176a for conspiracy to smuggle marihuana and to conceal and facilitate the transportation and concealment of illegally imported marihuana; Count Two, a violation of 21 U.S.C. § 176a for smuggling marihuana; Count Three, a violation of 21 U.S.C. § 176a for concealing and facilitating the transportation and concealment of illegally imported marihuana; and Count Four, a violation of 18 U.S.C. § 545 for smuggling merchandise.

From a sentence of eight years on Count One, five years on each of Counts Two, Three and Four, the sentences all to run concurrently, appellant Garcia appeals invoking our jurisdiction under 28 U.S.C. §§ 1291 , 1294.

Appellant makes three contentions: (1) the government did not prove any overt act concerning the conspiracy count; (2) there was no proof that he possessed the marihuana; and (3) his motion to suppress the introduction of evidence should have been granted. We reverse, considering the third contention only.

The facts, which are…