United States v. Jose Luis Ramirez-Ramirez

OVERVIEW

Appellant Ramirez-Ramirez appeals his conviction for importation of approximately 356 kilograms of cocaine in violation of 21 U.S.C. § 952 and § 960, and possession with intent to distribute approximately 356 kilograms of cocaine in violation of 21 U.S. C. § 841(a)(1). Ramirez-Ramirez claims the government needed to prove that appellant knew he possessed 356 kilograms of cocaine rather than 20-30 pounds of marijuana. We disagree and affirm the district court’s conviction.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant Ramirez-Ramirez drove a brown stakebed truck with dual wheels over the Mexican/American border near Campo, California. Upon entering Califor nia, the truck triggered a “sensor alert.” However, border patrol agents did not stop appellant’s truck at first, since they believed it was a “decoy” for a vehicle that would be following and carrying illegal aliens. When no second vehicle appeared, agents radioed for a back-up unit to stop the truck.

Officer Eppen responded to the radio dispatch and stopped the truck. The entire stop lasted only 2-3 minutes, during which time appellant presented his driver’s license and alien registration card, and officer Ep-pen…