United States v. Pedro Morando-Alvarez and Alejandro Moreno-Romero

This is an appeal from a jury verdict in which both defendants were found guilty of possession of marijuana with intent. to distribute, in violation of 21 U.S.C. § 841 (a)(1). The defendants’ sole contention on appeal is that there was insufficient evidence to support a finding of guilt and that therefore, the trial court erred in denying their motion for judgment of acquittal. For the reasons stated below, we reject the defendants’ contention and affirm the judgment.

On the date of the defendants’ arrest, July 1, 1974, Customs Officers. Budzeyko and Davis were traveling southeast on Duquesne Road. Duquesne Road is a two-lane dirt road surrounded by a ranch to the north and a stable to the south, located approximately two miles north of the Arizona-Mexico border, 22 miles northwest of the Lochiel port of entry. The officers were riding in a marked Customs patrol vehicle with a siren and red lights on the roof.

At approximately 3:30 p. m., the officers observed a green Pontiac, jacked up in the rear, approaching from the opposite direction at a fairly high speed. Budzeyko slowed down in order to observe the occupants of the Pontiac, and as the car passed the officers,…