United States v. Angel Licel Salcedo, AKA Jose Salgado Martinez, AKA Angel Licel Saucedo

Appellant stands convicted of smuggling heroin into the United States. 21 U.S.C. § 174 . On appeal, he contends that the evidence supporting his conviction was insufficient and the district court should have granted his motion for a new trial based on allegedly improper remarks by counsel for a co-defendant in his argument to the jury.

We have examined the record and, viewing the evidence in a light most favorable to the verdict, hold that a jury could reach a rational conclusion that appellant was guilty beyond a reasonable doubt. Sabian v. Guam, 434 F.2d 837 (9th Cir. 1970); United States v. Nelson, 419 F.2d 1237, 1242 (9th Cir. 1969).

Appellant was tracked by a Border Patrol Agent from the border to a ditch where he was hiding. The time was between 11:00 p. m. and midnight. He was taken to the Port of Entry and turned over to officials there while the Border Patrol Agent returned to the point of apprehension. There he found a switchblade knife and a container with heroin. The appellant admitted ownership of the knife, but denied possession of the heroin.

As to the claim of improper argument by counsel for a co-defendant, the contention was waived by the failure to object…