United States v. Richard P. Golden, United States of America v. Martin H. Trowery

Golden and Trowery appeal convictions for unlawful importation of heroin in violation of 21 U.S.C. §§ 952 , 960; for possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1); and for conspiracy to distribute, to possess with intent to distribute, and to unlawfully import heroin in violation of 21 U.S.C. §§ 846 , 963.

Appellants arrived at San Francisco International Airport on a flight from Tokyo, Japan. Golden passed through United States Customs without incident. However, Trowery was arrested when a Customs inspector found a white, powdery substance later determined to contain heroin under false bottoms in Trowery’s two black vinyl bags.

Golden returned to the general Customs area about ten minutes after clearing Customs. He told a Customs employee he was waiting for his “traveling companion,” a Mr. Trowery. He said he and Trowery had just arrived from Bangkok, Thailand, and were traveling together to Pittsburgh. The inspector who had passed Golden through Customs remembered that Golden had two black vinyl bags similar to Trowery’s. Golden was taken to an interview room. He told Customs agents he had just returned from a vacation in…