United States v. Gregory T. Terry

Appellant was convicted in a jury trial of transportation of marihuana in violation of 21 U.S.C. § 176a. Following conviction, he wap committed to the custody of the Attorney General for imprisonment under § 5010(b) of the Youth Corrections Act, 18 U.S.C. § 5005 , et seq. He appeals. We affirm.

FACTS

About 7:50 P.M. on March 15, 1969, co-defendant Lucy Cook, a pedestrian, crossed the Mexican border into the United States at the San Ysidro, California, port of entry. A customs agent observed her pass the inspection station and walk two blocks northward to Oscar’s Drive-In. Continuing his surveillance, the agent noticed that she appeared to be looking for someone inside the restaurant or in the drive-in parking lot, which was situated about 800 feet north of the border. After watching Mrs. Cook remain in the lot and look southward toward the entry area for a period of about five minutes, the agent approached her, identified himself and asked her to return to the port of entry for a customs search. This occurred about 8:00 P.M.

At approximately this same time, back at the vehicular inspection lane on the border, another customs agent stopped the appellant, who was driving a white…