United States v. Warren Russell Newton

Following conviction by a jury in district court of two counts of smuggling 64 pounds of marijuana and concealment and facilitating the transportation of marijuana, 21 U.S.C. § 176a, Newton appeals. We affirm.

Appellant contends that the marijuana used in evidence against him was a product of an unlawful search. He did not move the trial court to suppress it, and we will not consider on appeal a point not raised in the trial court. United States v. McCarthy, 430 F.2d 1289 (9th Cir. 1970).

Also without merit is the contention that the evidence was insufficient to sustain a conviction under Count 2. Having observed Newton walking about one-quarter of a mile north of the Mexican-American border, government agents drew nearer and observed appellant carrying a bag. Newton disappeared and the officers pursued him. They found him attempting to hide behind bushes a short distance from the bag, which was found to contain marijuana. One officer traced appellant’s tracks to a point 150 yards north of the border. This was a “border search.” United States v. Markham, 440 F.2d 1119 (9th Cir. 1971). United States v. Weil, 432 F.2d 1320 (9th Cir. 1970).

Appellant’s knowledge of illegal…