United States v. A. J. Zito

A. J. Zito (appellant) appeals his conviction by a jury of conspiring to import illegally into and knowingly concealing and facilitating the transportation and concealment within the United States of 184 pounds of marijuana in violation of 21 U.S.C. § 176a. He attacks his conviction on the grounds that the District Court erred in denying his motions to: (1) suppress evidence obtained as the result of an allegedly illegal search and seizure; (2) sever his trial from that of his three co-defendants, Lawrence Graham, Paul Sutton, and Clark Timmons; and (3) force disclosure of the identity of the Government’s informer. Appellant also asserts that the evidence is insufficient to support a guilty verdict. We affirm his conviction.

Graham offered Angelo Provenzano $50 cash and the cancellation of a $550 debt if he would drive a car loaded with marijuana (a “load car”) from near San Diego to Orange County, California. Provenzano agreed. On April 11, 1969, Graham, Provenzano, appellant, Sutton, and Timmons drove, in Graham’s car, to Timmons’ apartment near San Diego. After Graham and Timmons made several telephone calls to Mexico, the entire group drove to a parking lot in Chula Vista,…