United States v. Donald Rudolph Gardner, United States of America v. Donald Neal Le Boulanger

These appeals are from appellants’ respective criminal convictions for violating the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U. S.C. 801 et seq. Appellants were charged in a four-count indictment of conspiring to import nine ounces of heroin, importing nine ounces of heroin, conspiring to possess with the intention of distributing nine ounces of heroin, and possessing with the intention of distributing nine ounces of heroin. Appellant Le Boulanger was found guilty on all counts in violation of 21 U.S.C. §§ 952 , 960, 963, 841(a)(1) and 846. Appellant Gardner was found not guilty on all counts of the indictment, however, the jury found him guilty of the lesser included offense of simple possession of a controlled substance in violation of 21 U.S.C. 844.

On September 26, 1971, around 11 A. M., appellants entered the San Ysidro, California port of entry in a 1971 Buick, owned by Le Boulanger but driven by Gardner. While inspecting the car’s rear trunk, in response to Gardner’s declaration of a quantity of plaster of parís, the customs official became suspicious of the appellants’ demeanor, and directed their car to the secondary inspection point. The…