United States v. Bertha Rubio Esparza

Bertha Rubio Esparza appeals her conviction for conspiracy to illegally import a controlled substance in violation of 21 U.S.C. §§ 952 , 960 and 963 and for conspiracy to possess a controlled substance with intent to distribute in violation of 21 U.S.C. § 846 . She challenges both the sufficiency of the affidavit underlying her arrest warrant and the sufficiency of the evidence to support her conviction. With respect to the sufficiency of the affidavit, we agree with appellant. This makes it unnecessary to consider her second contention because it is clear that without the evidence obtained incident to appellant’s arrest the conviction is not supported by sufficient evidence.

I. Facts.

Drug Enforcement Administration (DEA) agents Cesar R. Palma, John Phelps and John Raftery were engaged in an investigation of a suspected narcotics smuggling ring in Tijuana, Mexico. The investigation centered on a residence located at 420 Avenida Granados. During their surveillance, they saw appellant’s car parked at the house, and consequently began tracking her movements.

By following the activities of other members of the ring, the DEA determined that the suspects stored their narcotics in a…