United States v. Manuel Benjamin Figueroa-Espinoza, United States of America v. Eugenio Nido-Martinez

. Appellants were jointly tried and convicted on an indictment charging them and two others with conspiring to receive, conceal, buy, sell and facilitate the transportation and concealment of 320 pounds of marihuana in violation of 21 U.S.C. § 176a, since repealed. They contend: (1) that the evidence of their participation in the conspiracy is insufficient to support the verdict; (2) that the court erred in denying their motion to suppress; and (3) that the court should have declared a mistrial when, following a recess, appellants were inadvertently brought into the courtroom in handcuffs while the jury was present.

(1) The government’s case rested primarily on the testimony of a co-conspirator, the driver of the “load vehicle.” He testified that both appellants played a significant role in preparing the smuggling operation and were to act as guides in the “scout vehicle” once inside the United States. This testimony, coupled with the proximity of the two cars as they traveled north along the highway, was sufficient to permit the jury to rationally infer that appellants, beyond a reasonable doubt, participated in the conspiracy. See United States v. Nelson, 419 F.2d 1237 (9th…