United States v. German Hernandez-Miranda
Opinion
Opinion
Anderson, J.
German Hernandez-Miranda was convicted of importing heroin, possession of heroin with intent to distribute, and making a false claim of United States citizenship. He appeals, claiming that the district court erred by giving an instruction on flight, admitting evidence on the amount of his bond forfeiture and prior conviction, and imposing consecutive sentences. We find no error justifying reversal and affirm.
FACTS
On September 4, 1976, German Hernandez-Miranda (Miranda) was stopped while driving his car through the Port of Entry at San Ysidro, California, from Mexico to California. When asked about his citizenship by a customs inspector, Miranda replied that he and his son, who was riding with him, were United States citizens.
At the customs inspector’s request, Miranda opened the trunk of the car and the deck plate to the spare tire compartment. After pulling a brown paper bag out from under the fender well near the spare tire, the customs inspector noticed two other bags. One contained approximately one pound of brown Mexican heroin, the other contained approximately two pounds of procaine, a heroin “cutting’’ substance.