Alberici-Cervantes

863 F.2d 886 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Daniel ALBERICI-CERVANTES, Defendant-Appellant. No. 88-5136. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1988. Decided Nov. 16, 1988. Before FLETCHER, ALARCON and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Appellant Daniel Alberici-Cervantes was convicted of importation of a controlled substance, 21 U.S.C. Secs. 952 and 960 (1982 & Supp. IV 1986), and possession of a controlled substance with intent to distribute, 21 U.S.C. Sec. 841 (a)(1) (1982), after attempting to drive from Mexico into the United States with 57 pounds of marijuana under the hood of his car. He contends that the trial court committed reversible error in instructing the jury that they could, but need not, infer his knowledge of the marijuana's presence from the fact that he was the driver of the car. 3 In United States v.…