United States v. Roy Rodriguez

Roy Rodriguez appeals from a jury verdict convicting him of importation and transportation of heroin in violation of 21 U.S.C. § 174 and of conspiracy to commit the substantive crimes. He received five years on each of the three counts, to run concurrently. We affirm.

On November 21, 1970, Rodriguez drove his automobile into the United States at the San Ysidro port of entry. He and his female companion, Miss James, were returning from a brief visit to Tijuana.

A border guard observed that Rodriguez was nervous and that both occupants of the car had needle marks on their arms, in the crook of the elbow. The inspector fed the license number and description of Rodriguez’ ear into a computer mechanism and got back information that the car was the subject of a narcotics lookout.

A search of Rodriguez’ person and car produced no contraband. However, when his companion was told that she would be thoroughly searched, she voluntarily handed over a package containing % of an ounce of heroin.

Rodriguez and Miss James were charged in the same indictment. Their trials were severed on the government’s motion.

The government called Miss James as a witness in the case-in-chief against…