United States v. Paul David Sutton, Jr.

Appellant was convicted and sentenced for importing marihuana contrary to law in violation of 21 U.S.C. § 176a. His contentions on appeal are:

1. The trial court committed plain error in its instruction to the jury;

2. The evidence was insufficient to sustain the conviction;

3. His privilege against self-incrimination was violated;

4. The trial court erred when it denied his motion for a mistrial based on a comment of the prosecutor in summation;

5. The trial court erred in admitting certain exhibits in evidence;

6. The trial court erred in failing to strike a juror for cause.

We find the contentions are without merit and affirm the conviction.

The Factual Background

Appellant arrived in Tucson, Arizona from Seattle, Washington, on September 23, 1969. On the next day, he registered at a hotel under an assumed name and rented a car under his true name.

On September 25 in the company of Le Jioux, his co-defendant below, appellant entered Mexico. On October 2, appellant arrived at the International Border at Nogales, Arizona and drove across alone, Le Jioux having left the car to walk across. Appellant’s car contained a considerable amount of leather goods, and he was…