United States v. Marvin Jose Ramirez

This is an appeal from a criminal conviction for violations of 21 U.S.C. §§ 952 , 960 and 963 (importation and attempted importation of controlled substance) and 21 U.S.C. § 841 (a)(1) (possession with intent to distribute controlled substance). Appellant and one Roger Zamora both had been charged with the drug offenses. The cases were severed and appellant was tried first.

After considering each of the points raised on appeal by appellant, we affirm.

FACTS

The facts when viewed in a light most favorable to the Government as the prevailing party at trial, Glasser v. United States, 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942), are as follows. Appellant and Zamora left San Francisco heading for Los Angeles for a weekend vacation. Appellant drove his 1973 Capri which, as Zamora explained, was paid for and owned by appellant but was registered in Zamora’s name. En route to southern California, appellant pulled out a plastic bag containing a “little rock” or cocaine hidden below the console area attached to the stick shift, showed it to Zamora, and told him it was for an “emergency” if they needed some. Later that evening, they were stopped and cited by California Highway…