United States v. Priscilla Ann Auclair

Appellant was arrested while crossing the border at San Ysidro, California, and was charged under 21 U.S.C. § 176a on two counts with smuggling, transporting and concealing marihuana. She was further charged with smuggling merchandise (one “Ambar” pep pill) under 18 U.S.C. § 545 . Following a jury trial she was convicted on all counts. On appeal she challenges the sufficiency of the evidence to convict her on the marihuana counts and the admissibility of certain statements made by her code-fendant.

Appellant and her two children were passengers in a car driven by a codefendant. The marihuana was concealed in the car. The trial presented a question of credibility. Her contention is that she did not know of the presence of the marihuana. However, there was evidence from which the jury, crediting the testimony of Government witnesses, could have found that appellant had, for compensation, agreed to provide a family group “cover” for the smuggling operation ; that she had taken the children on the trip to Mexico and was present in the car for this purpose. On these facts Arellanes v. United States, 302 F.2d 603 (9th Cir.), cert. denied 371 U.S. 930 , 83 S.Ct. 294 , 9 L.Ed.2d 238…