United States v. Jorge Barrios

Jorge Barrios appeals his conviction, following a jury trial, for violation of 21 U.S.C. § 174 (transportation, concealment, and sale of opium). We affirm.

Defendant contends that there was insufficient evidence to prove that the opium had been illegally imported and that defendant had knowledge that it had been illegally imported.

For conviction, it was necessary for the Government to prove: (1) that the defendant knowingly received, concealed, sold or facilitated the transportation, concealment or sale of the opium; (2) that the opium was illegally imported ; and (3) that defendant knew of the illegal importation. See Turner v. United States, 396 U.S. 398, 405 , 90 S.Ct. 642 , 24 L.Ed.2d 610 (1970). There was ample evidence to establish the first of these elements. With regard to the second and third elements there was direct evidence sufficient to warrant a finding that the opium was imported from Mexico, and that defendant knew of such importation. But defendant argues that it was not proved that such importation was illegal and, if illegal, that defendant knew of such illegality.

The law forbids the importation of any opium product except crude opium required for medical…