United States v. Vincent Francis Guerrera

This appeal is taken from conviction of conspiracies to import and to possess with intent to distribute cocaine and marijuana, and the substantive offenses of importation and possession with intent to distribute those controlled substances, all in violation of 21 U.S.C. §§ 841 (a)(1), 846, 952, 960 and 963.

In September, 1975, customs officials in the San Ysidro area, east of San Diego, California, received information that a certain described automobile had been frequently observed at dusk picking up backpackers on the Otay Mesa, an area adjacent to the Mexican border and notorious for smuggling activities. Patrol officers were alerted. On September 28, 1975, an automobile was stopped on Otay Mesa and searched by patrol officers. The car was a rented car, driven by one Basta. On inquiry, San Pedro Customs Communications Center reported that the Drug Enforcement Administration had provided information a few days before that someone by the name of Basta might attempt to import cocaine into the United States.

On searching the car, a cigarette package containing cocaine was found. Basta then produced the key to the trunk of the car. In the trunk were two locked foot lockers and two…