United States v. Elijah Wallace Childs, United States of America v. John Thomas Childs

The only question requiring discussion on these appeals from convictions under 21 U.S.C. § 176a is whether, particularly in light of United States v. Carrion, 457 F.2d 200 (9th Cir. 1972), there was sufficient evidence to permit the jury to conclude that the marihuana had been unlawfully imported and that appellants knew that it had been unlawfully imported.

These elements of the offense may be established, of course, by circumstantial evidence. United States v. Oswald, 441 F.2d 44 (9th Cir. 1971); United States v. Elder, 425 F.2d 1002 (9th Cir. 1970).

The relevant events occurred in the vicinity of Lukeville, Arizona, the port of entry from Mexico on State Route 85. About 3 o’clock in the afternoon of the day in question, John Childs drove across the border to Sonoita, Mexico, approximately two miles south of Luke-ville. He was accompanied by several persons, including Phillip Celaya. They returned across the border about 8:00 p. m. At approximately 11:00 p. m. a Customs agent stationed in a roadside rest area on Route 85 about three quarters of a mile north of Lukeville saw a ear containing three persons (later identified as John and Elijah Childs, who were cousins, and…