United States v. John Francisco Valentin

Good Law
569 F.2d 1069·1978 U.S. App. LEXIS 12569
United States Court of Appeals for the Ninth CircuitFebruary 17, 197877-2748California738 words

Opinion

Opinion

Choy, J.

In a trial by jury appellant was convicted of possession of cocaine with intent to distribute. We affirm.

He contends (1) that his motion to suppress evidence seized at his residence was denied by the district court in error, (2) that there was insufficient evidence that he knowingly possessed any cocaine and (3) that there was insufficient evidence that he knowingly possessed cocaine with intent to distribute it.

The package, which originally contained about 208 grams of cocaine imbedded in a jar of coffee, had been delivered to an airline freight office in Los Angeles by appellant’s brother, Peter Valentin, using the pseudonym “Paul Valencia.” Peter addressed the parcel to “John Valencia” at Fairbanks, Alaska. The airline’s freight agent, remembering that Peter had previously used either “Valencia” or “Valentin” in making other shipments via that office, became suspicious. With his supervisor the agent opened and inspected the contents of the parcel. They summoned the Los Ange-les police who removed 62 grams of the cocaine, rewrapped the parcel and shipped it on to Anchorage, Alaska. At Anchorage, Alaska state police and federal Drug Enforcement agents reopened the package,…

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