United States v. Jerry Seidman

Before BARNES and CARTER, Circuit Judges, and LINDBERG, District Judge.

Defendant, with, a female passenger, arrived at the Lukeville, Arizona point of entry from Mexico on October 22, 1973, driving a Dodge pickup camper pulling a house trailer. A border inspector detected the faint odor of marijuana at the rear of the house trailer. The trailer was searched and 524 pounds of marijuana was found in a compartment of the trailer behind shelves and between a masonite board and the trailer shell. There was no other access to the compartment. The marijuana was green and moist.

Appellant was convicted on two counts (possession of marijuana with intent to sell, and importation thereof), and sentenced to concurrent similar sentences.

On appeal, appellant urges three errors :

First, the refusal of the trial judge to strike the entire jury panel of veniremen ;

Second, in refusing to admit a newspaper ad in evidence;

Third, insufficiency of the evidence.

We find no merit in any error urged. (1) The motion to strike the jury panel was based on overheard conversations outside the courtroom between two or three prospective jurors, allegedly overheard by two more. Upon hearing of…