United States v. Luis Martin Haro-Portillo

Appellant, Haro-Portillo was found guilty after a jury trial of importing marijuana into the United States from Mexico in violation of 21 U.S.C. §§ 952 (a), 960(a)(1), and of possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). He appeals from the judgment on the verdict and we affirm.

Two issues are raised on appeal, first, the sufficiency of the evidence to support the verdicts and, second, that the trial court erred in denying appellant’s motion for a mistrial.

Appellant’s testimony was that he was employed as a chauffeur to drive a stake truck with a load of adobe bricks from Sonoita, Mexico, to Tucson, Arizona. On the occasion in question when he reached the Customs Inspection Station at the Lukeville Port of Entry, 247 pounds of marijuana were found in the two saddle gas tanks attached to the frame of the truck.

In a number of cases this Court has held that when one drives a car laden with contraband, there is a substantial basis from which the trier of fact may infer that the driver has knowing possession of the contraband. United States v. Zamora-Corona, 465 F.2d 427 (9th Cir. 1972). A review of the cases by the court in…