United States v. Ismael A. Espericueta-Reyes

Appellant Ismael Espericueta-Reyes appeals from his conviction for possession of a controlled substance with intent to distribute, in violation of 21 U.S.C. Section 841 (a)(1), and illegal importation of a controlled substance in violation of 21 U.S.C. Section 952 . For the reasons stated below, we affirm the judgment of conviction. FACTS

George Cons, a special agent with the Drug Enforcement Administration received information from a reliable source that a certain vehicle containing contraband and displaying a certain Arizona license plate was about to pass through the San Luis, Mexico Arizona Port of Entry (hereinafter “POE”). After some discussion, customs officials decided that they would allow the vehicle through the port but would place it under surveillance in order to determine whether others were involved with the driver-carrier in the smuggling of contraband.

At about 4:30 p. m. that vehicle entered the United States from Mexico. The car was driven by Jose Luis Martinez-Mendez, appellant’s co-defendant at trial. The car was routed to secondary inspection where it was searched, the first of three searches ultimately made by customs officers. No contraband was found, and…