United States v. Donald Humphrey

Appellant Donald Humphrey was convicted of possession of heroin with the intent to distribute, a violation of 21 U.S.C. § 841 (a)(1). On appeal, he claims that the district court erred in failing to exclude the heroin admitted in evidence against him, and that the evidence was insufficient to show an intent to distribute. We affirm.

Humphrey asked for a package at the Western Airlines air express counter located in the Seattle-Tacoma International Airport. At first, airline officials were unable to locate the package, but it was later reported to be at the lost and found desk at another part of the terminal. Humphrey was directed there. The Western Airlines employee who first dealt with Humphrey had become suspicious of him because of his behavior and his manner in explaining that the package contained a birthday present, probably a sweater. The employee therefore telephoned ahead to the lost and found desk and spoke with Peabody, another Western Airlines agent. Peabody commented that the package did not look big enough to contain a sweater; the first agent urged Peabody to inspect the package if possible.

After Peabody called the airport police, Officer LaBissoniere came in…