United States v. Xavier De La Cruz Bellinger, United States of America v. Jacqueline Cynthia Holley

On September 25, 1968, a five-count indictment was returned against appellants Bellinger and Holley, and Dudley Beavers. Following a joint jury trial, a verdict was returned finding appellants guilty of conspiring to smuggle marihuana into the United States (Count I), assaulting a customs agent with a deadly and dangerous weapon (Count II), and smuggling 1,000 amphetamine tablets into the United States (Count III). Beavers was found guilty on Counts I and III. Count I, the conspiracy count, was subsequently dismissed as to all three defendants by the district court. Only Bellinger and Holley appeal from their convictions on Counts II and III. We affirm.

Appellants raise five separate arguments, two of which warrant close examination. The remaining contentions, although carefully considered, do not warrant extended discussion and will be briefly dealt with at the end of this opinion.

1. The arrest and search:

On the evening of July 26, 1968, appellants, along with Beavers and Robert Serna, purchased three packages of oregano and a quantity of amphetamine tablets in Tijuana, Mexico. Serna elected to walk back into the United States while Bellinger, Holley and Beavers proceeded by…