UNITED STATES of America, Plaintiff-Appellee, v. Armando LOPEZ-MARTINEZ, Defendant-Appellant
Opinion
Opinion
Duniway, J.
Lopez-Martinez appeals from his conviction on both counts of an indictment. Count 1 charged that he “did knowingly and intentionally import approximately 737.2 grams of heroin, a Schedule I narcotic drug controlled substance, in violation of Title 21, United States Code, Sections 952 and 960(b)(1).” Count 2 charged that he “did knowingly and intentionally possess with intent to distribute approximately 737.2 grams of heroin, a Schedule I narcotic drug controlled substance, in violation of Title 21, United States Code, Section 841 (a)(1).” We affirm.
I. The Facts.
Border Patrol agents arrested Lopez on June 21, 1982, in Nogales, Arizona, just after he had crossed the border from Mexico into the United States through a hole in the border fence. He was carrying a package that contained 737.2 grams of heroin. After waiving his Miranda rights, Lopez said that a man had offered to pay him $1,000 to carry the package from Hermosillo, Mexico, to Nogales, a distance of about 160 miles. He said that he did not know what was in the package, but that he had thought that it might be marihuana. The package was small and weighed about a pound and a half.