United States v. Armando Xavier Navallez

Navallez appeals from his conviction of having violated 21 U.S.C. § 841 (a) (1). The charge arose out of Navallez’ alleged participation in the illegal importation of marijuana into the United States and his alleged possession of the same with the intent to distribute it illegally. In his appeal, Navallez presents three contentions. First, he argues that there was inadequate probable cause for his arrest and that, hence, certain incriminating evidence discovered in a search incident to his arrest should have been suppressed. We reject this contention upon our conclusion that the prosecution’s evidence was sufficient to establish the necessary probable cause for the arrest. Next, Navallez argues that the evidence was insufficient to justify the jury’s determination, beyond a reasonable doubt, of his guilt. This argument, too, is without merit. Naval-lez was implicated by the testimony of one who participated in the transaction, and this testimony, when viewed in the light most favorable to the Government, was more than adequate to support the conviction.

Finally, Navallez contends that the court improperly submitted to the jury an instruction in respect to Navallez’ alleged…