United States v. Armando Valenzuela-Mendoza

Appellant was indicted, tried by a jury and convicted of violating 21 U.S.C. § 176a [concealing and transporting illegally imported marihuana]. We affirm.

FACTUAL BACKGROUND

Appellant was caught near Sonoita, Arizona, while driving a truck loaded with 405 kilos of marihuana. On previous occasions, he had served as a government informer, for which services he had been paid $350.00. There is evidence that he was dissatisfied with his compensation for these services. There is also evidence that he told one agent that the narcotics dealers in Tucson would give him $4,000.00 for delivering a shipment. That was the last contact the agents had with appellant before the arrest. There was other evidence that appellant had been running loads of marihuana on his own without advising the agents. It is appellant’s contention that he was running the marihuana for the government, that he had given his wife two telephone numbers to call to advise the agents of his arrival and that she had failed to make the call.

FIRST ISSUE

Appellant mentions five areas in which he claims he did not receive adequate representation by his trial attorney. We have closely scrutinized the record and find each…