United States v. Francisco Ruelas-Altamirano

Francisco Ruelas-Altamirano appeals from a judgment following a verdict of guilty of one count of illegal importation and one count of possession with intent to distribute marijuana, 21 U.S.C. §§ 952 , 960, 963 and 841(a) (1).

Three errors are urged by the appellant:

The appellant, a Mexican Policeman dressed at the time in uniform, was arrested when crossing the border at about 2:45 P.M., July 29, 1971, driving a 1963 Ford sedan containing 87 kilos of marijuana which were concealed in a compartment constructed by raising the floor of the car. He appeared to be in a very uncomfortable position sitting behind the steering wheel with both knees up high due to the raised floor.

Appellant testified that while walking to work in Mexicali on July 29 he was stopped by a stranger who offered him a ride and, after being told by the appellant that he was going to work at the Police Department said: “Why don’t you use my car?” The appellant had not indicated he wanted a ride nor did he offer to do any favor for the stranger which might have prompted the tender of the use of the car.

In the circumstances, this Court concludes that the District Court did not abuse its discretion in…