United States v. Juan Andres Sotelo Martinez, United States of America v. Randolph Stephens AKA Randolph Sidle (True Name)

Martinez and Sidle, who was charged and tried under the name Stephens, were convicted under two counts of an indictment charging them and one Marie Dab-ney, jointly, with importing 117 grams of cocaine, in violation of 21 U.S.C. §§ 952 (a) and 960(a)(1), and with possession of the same quantity with intent to distribute it, in violation of 21 U.S.C. § 841 (a)(1). Each received concurrent sentences on the two counts. In addition, Sidle was convicted under two counts charging him alone with importing a “measurable quantity” of cocaine, and with possession of the same quantity, in violation of 21 U.S.C. § 844 (a). He received concurrent sentences under these counts and these sentences were less than, but made concurrent with the sentences under the two counts involving the 117 grams. Dabney, being a fugitive, was not tried.

I. Facts

Appellant Martinez drove a Lincoln Continental sedan across the border from Mexico to Nogales, Arizona. In the front passenger seat next to him was one Julia Davis. In the back seat were appellant Sidle on the left behind Martinez, and Dabney on the right behind Davis. The car was searched at the border customs and immigration station. In a…