United States v. Brenda Joyce Meyer

Brenda Joyce Meyer was charged in a two count indictment with violating 18 U.S.C. § 545 . Count One charged that she smuggled merchandise into the United States from Mexico; Count Two charged that she facilitated the transportation and concealment of such illegally imported merchandise after importation. The District Court, sitting without a jury, found her not guilty as to Count One and guilty as to Count Two. She appeals. We reverse.

The government’s evidence is essentially undisputed. When Meyer was stopped for a routine immigration search at an Immigration Patrol inspection site, some 65 miles north of the international border between the States and Mexico, an officer discovered in the trunk of her vehicle a large number of sodium seconal capsules. These were contained in five boxes; on four of the boxes were printed the words “Mexico, D.F.” (Department Federal) and on the fifth, “Made in USA, Green Bay, Wisconsin.”

Illegal importation of merchandise and knowledge of that fact are essential elements of the crime of which Meyer was convicted. But here there is no evidence to establish either. The most that can be inferred from this evidence is that four of the boxes probably…