United States v. Ramon Figueroa-Paz

The appellant and his wife were each charged in a two-count indictment with (1) illegal possession of 194 pounds of marijuana, with intent to distribute, 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 ; (2) importing into the United States the same marijuana, 21 U.S.C. § 952 (a) and 18 U.S.C. § 2 .

Both appellant and his wife were convicted by a jury on each count. The appellant was sentenced to two years on each count, to run concurrently, and appeals. He raises the following questions :

FACTS

The facts germane to our decision herein bear brief statement. For purposes of appeal, the United States has adopted appellant’s statement of facts.

On February 2, 1972, a United States Customs Inspector, Pete Condes, stationed at the border in Nogales, Arizona, stopped appellant’s vehicle at the border cheek point. Because Condes detected the odor of marijuana coming from appellant, who seemed nervous, the agent directed appellant to drive to a secondary inspection area.

Agent Condes turned appellant over to another officer, and returned to his checkpoint within a few minutes. He there found a woman, later learned to be appellant’s wife, waiting to enter in a station wagon. Condes…