Raymond R. Mendez v. United States

About 10:40 P.M., on November 11, 1968, Mendez drove a 1956 Buick into the United States from Mexicali, accompanied by the co-defendant, Beverly Medina. Both made a negative customs declaration. The trunk of the car contained a square metal box, which was covered by a rug and was accessible only from the rear seat.

A search of the car revealed 165 pounds of marijuana concealed in the metal box. In Mendez’s wallet was found a manila envelope containing a small amount of manicured marijuana. A dexamyl capsule was discovered in Mrs. Medina’s purse.

Appellant Mendez was charged in a two count indictment with (1) smug gling the manicured marijuana found in his wallet and (2) smuggling the 165 pounds of marijuana found in the trunk of the car he was driving.

Mendez’s companion, Beverly Medina, was charged with smuggling the 165 pounds of marijuana, and in a second count with smuggling a single capsule of the drug dexamyl. The district judge granted Medina’s motion for acquittal as to both counts without submitting her ease to the jury.

The jury found Mendez not guilty of the charge of smuggling the 165 pounds of marijuana, and guilty of the charge of smuggling the manicured…