United States v. Roy Moreno Ramirez, United States of America v. Robert H. Reynolds

Appellants Ramirez and Reynolds, along with codefendants Peterson, Miller, and Baerenwald, were indicted for conspiracy to transport stolen aircraft, import marijuana, and distribute marijuana, in violation of 18 U.S.C. § 371 (Count I); foreign transportation of stolen aircraft, in violation of 18 U.S.C. § 2312 (Counts II & III); importation of marijuana, in violation of 21 U.S.C. § 960 (a)(1) (Counts IV & VI); and possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1) (Counts V & VII). Appellants were tried before a jury in a joint trial. Ramirez was convicted on all counts and was sentenced to a twelve year prison term. Reynolds was convicted on Count II and was sentenced to a four year prison term; he was acquitted on Count III and a mistrial was declared on all remaining counts when the jury was unable to reach verdicts on those counts. We affirm.

I.

FACTS

. This case arises out of the theft of two airplanes, a Cessna 404 Titan Courier and an Aero Commander 500 Shrike, from the Long Beach, California airport, and the use of these planes to import approximately 1,000 pounds of marijuana into the United States from Mexico. Evidence introduced…