United States v. Jose Luis Zamora-Corona

Appellant, the driver of a motor vehicle, and a companion, his passenger were stopped after driving across the border into this country from Mexico. Concealed in the automobile were 74 1-kilogram packages of marijuana. Appellant consented in writing to prosecution as a juvenile delinquent, under 18 U.S.C. § 5032 , and an information was thereupon filed in two counts. Count one alleged that appellant did knowingly import 174 pounds of marijuana, and count two that he possessed 174 pounds of marijuana with intent to distribute. 21 U.S.C. §§ 952 , 960 and 963.

The court found appellant to be a juvenile delinquent as charged in each count, but found his companion, the passenger, innocent. Appellant filed these proceedings on appeal. We affirm.

His contention here is that it was impermissible for the court as a trier of fact to find him guilty and his co-defendant innocent. He states the rule to be that while inconsistent jury verdicts may not be upset by inquiry into the consistency of the motives or rationale of the jury, Dunn v. United States, 284 U.S. 390 , 52 S.Ct. 189 , 76 L.Ed. 356 (1932); Magnolia Motor & Logging Co. v. United States, 264 F.2d 950, 953 (9th Cir.), cert.…