United States v. Billie Joe Campbell, AKA Shorty Greek

Appellant Billie Joe Campbell was convicted by a jury of violating 21 U.S.C. § 952 (a) for smuggling marijuana into the United States from Mexico and of knowingly and intentionally distributing marijuana in violation of 21 U.S.C. § 841 (a)(1). He appeals. We affirm.

Campbell contends that the district court erred (1) when it admitted into evidence a receipt found in the glove compartment of a vehicle used in the smuggling, indicating the purchase of a weapon by Campbell; and (2) when it failed to give the jury special instructions regarding the use of testimony by a government agent as to what he did after talking to an informant. In addition, Campbell contends that the prosecution failed to sustain the burden of proof that he at any time had possession of any marijuana.

Although circumstantial evidence which is relevant may be excluded because of its countervailing prejudicial effect on the defendant, United States v. Pichnarcik, 427 F.2d 1290, 1291 (9th Cir. 1970), the district judge’s determination in this area is to be reversed only if he has abused his wide discretion. Wilson v. United States, 250 F.2d 312, 325 (9th Cir. 1958); accord, United States v. Fisher, 455 F.2d…