United States v. Sean H. McQuillan United States of America v. Walter W. Hamilton

Defendants appeal their conviction under 21 U.S.C. § 841 (a)(1) for the offense of possessing a controlled substance (176 lbs. of marijuana) with intent to distribute the same, as charged in Count Four of the Indictment.

On December 23, 1973, Customs Patrol Officers Davis and McDermott were on routine patrol duty on the Border Park Beach approximately one half mile north of the international border [R.T. 12]. Around 2:00 a. m., McDermott observed four silhouettes (Hamilton, McQuillan, Sakel — a fugitive codefendant — along with another unidentified person) approximately halfway between him and the border. They appeared to be carrying backpacks on their backs and were proceeding north along the beach [R.T. 13]. McDermott then observed one silhouette (Defendant Hamilton) separate from the rest and head north of McDer-mott’s position and then return to the rest. This person appeared to be wearing a white type sneaker [R.T. 14]. Officers Davis and McDermott then radioed for assistance, and additional Customs Patrol officers, along with a Border Patrol agent, went to the area, cordoning it off [R.T. 14]. As the dragnet was tightened, seven people (the three defendants and…