United States v. Alfredo Perez-Padilla

Alfredo Perez-Padilla was stopped by customs agents at a checkpoint at San Ysi-dro, California while on his way to Mexico. The agents searched him and his possessions and found a clear plastic baggie containing cocaine inside a jacket in his suitcase. Perez-Padilla appeals his conviction for possessing 147.5 grams of cocaine with the intent to distribute in violation of 21 U.S.C. § 841 (a)(1) on two grounds.

1. Perez-Padilla claims that the trial judge erred in denying his motion to suppress statements he made to customs officers. The claim is frivolous. Perez-Padilla testified at the hearing on his motion to suppress that customs officers had coerced his confession by threatening to turn him over tp Mexican authorities if he did not provide information. At trial appellant admitted on cross-examination that in fact he had not been threatened.

2. Perez-Padilla expressly agreed to the giving of a Jewell instruction, United States v. Jewell, 532 F.2d 697 (9th Cir.1976) (en banc), but now contends the instruction was plain error. The basis for the claim of error is not clear. Customs agents testified that after his arrest Perez-Padilla stated he knew he was carrying cocaine. At…