United States v. William Paul Groomer, United States of America v. Luis Jerome Markovich

Appellants were convicted after separate trials on stipulated facts of violating 21 U.S.C. §§ 952 (a) and 960(a)(1), importing a controlled substance (Count I) and 21 U.S.C. § 841 (a)(1), possession of a controlled substance with intent to distribute (Count II). Groomer was convicted as a principal, and Markovich as an aider and abettor, 18 U.S.C. § 2 .

Groomer appeals on the ground that the district court erred in denying his motion to suppress. Markovich challenges the sufficiency of the evidence. Both appeals were submitted without oral argument and are hereby consolidated for disposition. We affirm the convictions.

GROOMER’S APPEAL

Groomer contends that his warrantless arrest was unlawful and that the fruits of the search incident to arrest should have been suppressed. Groomer asserts probable cause was lacking; in the alternative, he argues there were no exigent circumstances justifying the officers’ failure to obtain a warrant.

Probable cause did exist. A U. S. Customs aircraft had followed an airplane from Mexico to a Burbank, California, airport where it landed and entered a hangar. Customs agents then observed four men, including Groomer and Markovich, unloading…