United States v. Mary Linda Daniels, United States of America v. Samuel A. English

Good Law
549 F.2d 665·1977 U.S. App. LEXIS 14475
United States Court of Appeals for the Ninth CircuitMarch 3, 197776-1958 and 76-2084California1,931 words

Opinion

Opinion

Sneed, J.

Appellants were convicted in federal district court of importing marijuana, in violation of 21 U.S.C. § 952 (a) (1970), and of possession of marijuana with intent to dis tribute, in violation of 21 U.S.C. § 841 (a)(1) (1970). They challenge their convictions on two principal grounds: that certain evidence produced at trial was illegally seized and should have been suppressed, and that the Government’s proffered evidence was insufficient to support the convictions. We affirm.

I

The Facts.

The United States Customs office in late 1975 intercepted a package mailed from Thailand containing 4778 grams (approximately 10 pounds) of marijuana. The package was addressed to a “R. Holman,” care of appellant Samuel A. English, at an address occupied jointly by English and appellant Mary Linda Daniels in Clarkston, Washington. On the morning of November 5,1975, the package was delivered to appellants’ residence by a mail carrier under the observation of federal Drug Enforcement Administration agents. Daniels personally accepted the package after examining its label.

Federal agents searched the residence pursuant to a warrant shortly after English, who was not present at the time…

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