United States v. Gary Thomas Pyle

Gary Thomas Pyle appeals from his conviction on a charge of bringing two pounds of marihuana into the United States from Mexico on December 4, 1968, in violation of 21 U.S.C. § 176a.

Pyle first argues that the Government failed to prove his “entry” into the United States from Mexico. He suggests that it cannot be ascertained from the Government’s evidence whether he entered from Mexico or merely drove around the United States port-of-entry, remaining at all times within the United States. Accordingly, defendant asserts, the trial court erred in denying his motion for a directed verdict of acquittal, made at the close of the Government’s evidence.

In our opinion the jury was entitled to find on the basis of evidence produced in the Government’s case that Pyle entered the United States from Mexico at the time and place charged in the indictment. The Government’s first witness, Charles B. Cunningham, testified that Pyle “arrived from Mexico and applied for admission into the United States.” Cunningham was not cross-examined.

Pyle next contends that the trial court erred in giving an instruction to the jury invoking the statutory presumption provided in 21 U.S.C. § 176a. Under this…