United States v. Michael Lemoyne Kelly

This is an appeal from a conviction by a jury on an indictment charging appellant with the crime of knowing and intentional possession of a controlled substance with the intent to distribute in violation of 21 U.S.C. § 841 (a)(1). We affirm.

FACTS

A dog trained to detect narcotics directed a Customs Officer in New York City to a package which was addressed to Kelly at Kooskia, near Coeur d’Alene, Idaho. Smith was named as the return addressee. On opening the package and performing a test, the officer concluded that the substance was hashish, a concentrate of marihuana. The package, after rewrapping, was forwarded to a postal inspector in Spokane, Washington, where another test of the same material indicated the presence of tetrahydrocannabinol [THC], a drug substance found in hashish. After again rewrapping the package, the agents took it to the Post Office in Coeur d’Alene. The hashish— four bags — totalling 448 grams was in a topless record album. The package also contained a pair of pants and some records.

After being notified by the postal clerk that there was an insured package addressed to him at the Coeur d’Alene Post Office, Kelly went to pick up the package.…