United States v. Melvin Fulton
Opinion
Opinion
Ely, J.
Fulton was convicted in a jury trial of one count of conspiracy to import heroin and of one count of the importation of heroin. 21 U.S.C. §§ 952 , 960, 963. The District Court sentenced the defendant to the custody of the Attorney General for two ten year terms of confinement, the sentences to run concurrently. We affirm.
In the early morning of October 16, 1975, Jose Cruz Torres-Vasquez (“Torres”) approached the San Ysidro port of entry into the United States from Mexico. During a routine search of Torres’ vehicle, a customs inspector located a package underneath the rear seat. A subsequent field test confirmed the substance of the package as heroin. The inspector then searched Torres and found a slip of paper in his wallet upon which were written the directions to a Ramada Inn motel in Los Angeles, the telephone number of the motel, and “Room 503”. Eventually, Torres told agents of the Drug Enforcement Administration (“DEA”) that he had been solicited to convey the heroin across the border and to deliver it to a man staying in Room 503 of the motel. Charro hats that he had with him were to serve as a recognition symbol.