United States v. Estelle Gomez Glass

In an indictment filed in the United States District Court for the District of Arizona it was charged in .the second count that appellant (and two others) “did knowingly, willfully, feloniously and unlawfully purchase and have in their possession * * * approximately two (2) grams of heroin, the said quantity of heroin being then and there not in .the original stamped package * * * in violation of section 4704(a) of Title 26, United States Code.” After a jury trial, appellant was convicted of the second count and he has filed a .timely appeal to this court which has jurisdiction under 28 U.S.C. § 1291 .

The evidence showed, inter alia, the following facts. At the time of appellant’s arrest he was driving an automobile in Arizona. However, the automobile had previously been under surveillance across the border in Mexico and had been seen parked at a place operated by known narcotics dealers. When the automobile had crossed the border into Arizona it was followed by federal agents. Eventually, they drew alongside the automobile on the left hand side, turned a light on appellant who was driving, and saw appellant put something in his mouth, chew it, spit it out into his hand, and…