United States v. Jimmie Herman Kilgore

In the first two counts of a three-count indictment, Kilgore was charged with two offenses relating to his alleged transportation of certain drugs across the Mexican border into the United States. 18 U.S.C. § 545 ; 19 U.S.C. § 1459 . In the third count he was charged with having forcibly interfered with a federal officer while the latter was engaged in the performance of his official duties. 18 U.S.C. § 2231 . In a non-jury trial, Kilgore was acquitted of the offense charged in the third count and convicted of each of the two offenses alleged, respectively, in the first two counts. He appeals from the judgments of conviction.

Kilgore makes only one contention in support of his appeal, and he rests this contention principally upon Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), and United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967). We have concluded that we cannot analogize the facts which are here presented with those which were before the Supreme Court in Gilbert and Wade ; hence, we affirm.

The drugs in question were discovered during a border search of a rented vehicle which, at the time of its entry into the United…