United States v. Guadalupe Ballesteros-Cordova

Defendant Ballesteros was convicted in a jury trial on a two-count indictment charging the importation of 414 pounds of marijuana in violation of 21 U.S.C. §§ 952 (a) and 960(a)(1), and possession with intent to distribute 414 pounds of marijuana in violation of 21 U.S.C. § 841 (a)(1). He appeals his conviction on two grounds. Ballesteros first contends that the statute of limitations had run prior to the issuance of the indictment. His second contention is that there was insufficient evidence of identification from which the jury could have found that he was the person involved in the crimes charged.

The incident which forms the basis of the indictment occurred on February 21, 1973 at the Douglas, Arizona port of entry from Mexico. United States customs officials testified that on the evening of that date a Mexican male driving a 1965 Ford automobile entered the port of entry, seeking entrance into the United States from Mexico. The driver appeared nervous and denied having a key to the trunk of his car. Inspector Donald Simpson obtained the driver’s wallet and directed him into the secondary inspection area. At this time, customs agent Franklin Smith was notified by an…