United States v. Joseph Anthony Zumpano, Jr.

On September 30, 1969, appellant (Zumpano) was tried and convicted by a jury in the United States District Court for the District of Arizona of the offense of importation of marijuana in violation of 21 U.S.C.A. § 176a. A timely appeal was taken to this court which has jurisdiction under 28 U.S.C.A. § 1291 .

Zumpano denies knowledge of the presence of the marijuana in the car he was driving and suggests that it was secreted therein by someone without his knowledge. The principal question for determination is whether the evidence is sufficient to establish that Zumpano knowingly caused the importation of marijuana with intent to defraud the United States.

This question having been resolved adversely to Zumpano by the verdict of the jury, it is necessary on this appeal to view the evidence in the light most favorable to the government. Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942); Kay v. United States, 421 F.2d 1007 (9th Cir. 1970); United State v. Lopez-Hernandez, 418 F.2d 1243 (9th Cir. 1969).

In March or April of 1969, Zumpano decided to make a trip into Mexico. He owned a 1960 Corvette which he believed was unsuitably low for Mexican roads.…