United States v. Larry Michael Getchel

Defendant Larry M. Getchel appeals from a judgment of conviction after a jury trial (Caleb R. Layton, D.J.) for the illegal importation of marijuana (28i/2 pounds) and hashish (3 grams) in violation of 21 U.S.C. § 176a. Indictment, Count II. Count I, charging conspiracy, was dismissed.

Appellant primarily challenges the sufficiency of the evidence to prove possession or knowledge of illegal importation of the narcotics. He claims that the evidence was entirely circumstantial and did not justify submission to the jury.

The chain of circumstantial evidence may be briefly summarized as follows:

Appellant, with another person, entered the United States from Mexico at Lukesville, Arizona, in a camper (pickup truck). Suspicious circumstances caused customs officials to follow the truck. Later that night the same truck was observed on a road closely paralleling a Mexican highway. The lights were turned off and when customs officials attempted to stop the vehicle it sped up, forcing an Agent off the road. Something fell or was thrown from the back of the camper. It proved to be a large sack and smaller boxes containing marijuana and hashish. The camper was discovered abandoned off the…