United States v. Jeffrey Robert Ordones

Appellant was charged in the Court below in two counts with importing from Mexico to the United States 12 kilo bricks (26 pounds) of marijuana on August 4, 1971, and possession of said marijuana on the said date in the United States. There was a jury verdict of guilty on each count.

Appellant claims two errors. First, that the evidence was insufficient to convict, and second, that the representation defendant received from his appointed counsel was so inadequate as to prevent him from receiving a fair trial. We find no error in either of appellant’s claims, and we affirm.

Appellant first asserts the evidence was circumstantial. Much of it was, but his statement is not wholly true. Certainly the hidden 12 kilos of marijuana found in his automobile were not circumstantial evidence. But, more important, there is no intrinsic defect in circumstantial evidence if it is substantial enough to convict. Simply because defendant claimed he had no knowledge of the large amount of contraband in his vehicle is no reason the jury was required to believe his story, particularly in view of the circumstances of this case.

Defendant further suggests that “To sustain a conviction on…