United States v. Albert Richard Teran

A federal grand jury returned an indictment against Albert Richard Teran, charging two narcotics offenses. Under count one the grand jury charged him with smuggling two hundred pounds of marihuana into the United States from Mexico on September 7, 1969, in violation of 19 U.S.C. §§ 1459 and 1461. Under count two the grand jury charged him with concealing and facilitating the transportation and concealment of the same marihuana, on the same dates, in violation of 21 U.S.C. § 176a.

The evidence developed at the jury trial warranted the jury in finding the following facts: On the night of September 7, 1969, Teran drove an automobile he had picked up that day in Mexicali, Baja California, Mexico, across the border at Calexico, California. Concealed behind the rear seat of the automobile was the marihuana in question. It was discovered during the customs inspection at the Port of Entry.

Teran’s defense on both counts was lack of knowledge. He testified that he was repossessing the automobile in question on behalf of another person. The evidence was confusing as to the ownership of the car he was driving.

Convicted on both counts, Teran took this appeal. His only specification of…