United States v. Jorge Alberto Meza-Arcadia

Meza-Arcadia appeals from his conviction for having smuggled merchandise into the United States in violation of 18 U.S.C. § 545 . We affirm.

On September 2, 1967, Customs Inspector Beck stopped a 1959 Ford at the San Ysidro, California, port of entry. The driver, the sole occupant of the car, presented an immigration document, Form I-186, to Beck. The officer, comparing the physical description and photograph on the card with the driver, concluded that the card had not been altered and that it did belong to the driver. When the driver had difficulty-opening the hood of the car at Beck’s request, Beck asked him for his driver’s license. After satisfying himself that the description and picture on the license depicted the driver, Beck proceeded to attempt to roll down the left rear window of the automobile. At this time the driver fled back into Mexico. Further inspection of the car revealed marijuana in both rear window panels.

About four years later, Meza-Arcadia was apprehended and tried on the subject smuggling charge. At the trial, Beck admitted that he could not then make a positive in-court identification of Meza-Arcadia as the driver he had observed so long before. He did…