United States v. Carlos Jaime-Barrios, United States of America v. Rafael Pini-Ornelas

Appellants, Carlos Jaime-Barrios (Jaime) and Rafael Pini-Ornelas (Pini) have appealed from a judgment of the district court, sitting without a jury, adjudging each of them guilty as charged in Count Three (conspiring to possess with intent to distribute 939 pounds of marijuana) and Count Four (possession with intent to distribute 939 pounds of marijuana) of a four-count Indictment.

On August 2, 1973, appellants filed a motion to suppress the marijuana seized from the vehicles being driven by them and to sever their trial. After an evi-dentiary hearing, the motion to suppress and to sever was denied. Immediately thereafter, the case was submitted to the court upon the evidence introduced at the hearing on the motion to suppress by way of a stipulation of counsel and agreement of appellants. The court found appellants guilty as to the above mentioned counts and not guilty as to Counts One and Two of the Indictment.

Appellants contend that, under the undisputed facts and circumstances existing at the time the vehicles were stopped and searched, the trial court erred in failing to grant their motion to suppress.

The record reveals that on July 3, 1973, at approximately 6:30 A.M.,…