United States v. Harry William Pruitt

Appellant stands convicted on various counts of smuggling, receiving, concealing and facilitating the transportation and concealment of marijuana in violation of 21 U.S.C. § 176a. On appeal from judgment he challenges his conviction on various grounds. We affirm.

A customs agent received a tip from an informer that a substantial amount of marijuana was to be brought across the border from Mexico at an unauthorized point of entry near Andrade, California. Later another tip was received to the effect that the marijuana had been brought across. Law enforcement officers were alerted and a Volkswagen van caught the attention of two of them. They observed it in a stretch of open country drive off the road to a clump of trees and brush at a spot occasionally used as a camping site. They saw the occupants of the van remove two large crates or boxes and carry them into the grove and then depart. The officers then searched the area and found the boxes hidden under the trees covered with underbrush. They opened the boxes, found they contained marijuana, left them as they had found them and continued surveillance. They saw appellant and a companion drive up in another vehicle. The companion…