United States v. Charles Leon Davis

Charles Leon Davis, appellant herein, and Jesse Claude McCune were jointly charged in an indictment filed in the District Court for the Southern District of California with two counts of violation of 21 U.S.C. § 174 (Unlawful Importation of Heroin and Cocaine and Unlawful Facilitation of the Concealment and Transportation of Heroin and Cocaine). Upon motion, appellant’s case was severed and he was separately tried by a jury, convicted on both counts and sentenced to a term of imprisonment. The facts establish that the two men crossed the border from Mexico into the United States in an automobile owned and driven by appellant. After being stopped at the preliminary inspection area, they were asked to drive to the secondary inspection area. While so driving, the customs inspector walked alongside of the vehicle and saw nothing unusual happen in the car during that walk. The two men were then asked to get out of the automobile and each was searched. No contraband was found upon appellant. However, the search of Mr. McCune disclosed a tape-wrapped object in the crotch of his shorts which later was found to be amounts of heroin and cocaine. Both men were then placed under arrest. The…