United States v. Wendall Allen Campbell

Defendant Wendall Allen Campbell appeals from the judgment of conviction after a jury trial, of illegally importing and knowingly possessing with intent to distribute 151.2 grams of heroin, and illegally importing 1.2 grams of cocaine, in violation of 21 U.S.C. §§ 952 and 841(a)(1). The defendant’s contentions on appeal which merit discussion are:

I. Whether the evidence was sufficient to sustain the convictions.

II. Whether, under the circumstances of this case, the court was correct in instructing the jury that they may infer knowledge from defendant’s driving the contraband-laden vehicle.

III. Whether the trial court properly advised the jury of the manner in which the trial was to proceed after the granting of the co-defendants’ motions for judgment of acquittal. We affirm.

FACTS

On January 19, 1974, the defendant’s mother loaned him her 1973 Cadillac Eldorado. He told her that he wanted the vehicle to pick up his daughter who lived some 20 miles away. This was not true.

At approximately 2:20 p. m. on January 22, 1974, the defendant and his three co-defendants entered the United States at the San Ysidro port of entry in the same 1973 Cadillac. All four told the…