United States v. Wynn Earl Westover, United States of America v. Bea Roberts

These two appeals have been consolidated for hearing and decision on the Government’s motion. Appellants Westover and Roberts were each convicted, after a jury trial, of conspiracy to smuggle and import merchandise illegally, in violation of 18 U.S.C. § 371 , and smuggling and illegal importation of merchandise, in violation of 18 U.S.C. § 545 . Both appellants received suspended sentences, the sentences to run concurrently, and were placed on probation. Inasmuch as appellants’ sentences are concurrent, we need sustain only one conviction of each appellant to affirm the judgment. United States v. Jones, 446 F.2d 12 (9th Cir., 1971). Since we affirm appellants’ convictions on the conspiracy counts, we refrain from passing on the convictions for smuggling and illegal importation under § 545.

Westover’s arrest resulted from a search by customs agents of his vehicle, which was parked for a time at a motel in San Ysidro, California, near the border crossing into Mexico. We need not decide whether this search constituted a valid border search under Alexander v. United States, 362 F.2d 379 (9th Cir., 1966), cert. denied 385 U.S. 977 , 87 S.Ct. 519 , 17 L.Ed.2d 439 (1966); or United…