United States v. David Humberto Garcia

Appellant, charged with two other co-defendants in an eleven count indictment dealing with heroin, bulk marijuana, hashish, marijuana cigarettes, seconal capsules and amphetamine tablets, was convicted on five counts after three counts were dismissed by the trial judge.

Appellant was sentenced to eight years, on the 110 pounds of marijuana importation and transportation counts; two years on the importation and transporting of 87,000 amphetamine tablets; and five years on the possession of marijuana cigarettes count. All sentences were ordered to run concurrently, and concurrent with a sentence appellant was presently serving at the time oí his sentence.

The principal question raised is whether there was adequate proof of probable cause for the arrest of appellant by the Customs officers. The trial court held there was, and we agree that probable cause clearly existed.

Many facts were known to the arresting officers, including the fact the Pontiac automobile which had just been used by defendants Hernandez and Trujillo to bring narcotics into this country was registered in the name of appellant David H. Garcia, as owner. This automobile not only was used to actually transport…