United States v. Alberto Garcia-Rodriguez (T/n Ruben Gutierrez-Garcia), Alfonso Garcia-Sanchez, Francisco Martinez-Martinez

This is a consolidated appeal from the Southern District of California, before Judge Turrentine. Each of the three appellants was convicted on two counts, one of conspiracy to possess marijuana, and one of the possession of marijuana.

I. Alleged Errors.

(1) Was there error in the Court’s refusal to grant Rule 29(a) Motions for Judgment of Acquittal, based on the insufficiency of the evidence produced prior to the first motion to suppress;

(2) Was there error in stopping a PHd van, which had left a certain warehouse theretofor under surveillance by customs officers, and in denying the Motion to Suppress the marijuana which was contained in it;

(3) Was there error in denying a Motion to Suppress the marijuana found in a warehouse because of warrantless entry early on August 5, 1976 by two undercover customs agents;

(4) Appellant Gutierrez raises as error the refusal of the court to give an instruction requested by him.

We affirm as to each appellant on each count.

II. Evidence.

On July 28, 1976, a large semi-tractor truck entered the United States at Tecate, Mexico with a declared 30,000 pounds (or fifteen tons) load of scrap tin, to be delivered to a Los Angeles firm. There…