United States v. Olivia Baez Mora

Mora appeals her convictions following jury trial for the offenses of importing and possession with intent to distribute heroin in violation of 21 U.S.C. §§ 952 (a) and 841(a)(1) respectively. Mora argues that there was insufficient evidence of her knowledge and intent to support the convictions, and that her sentencing constituted multiple punishment because the government used the same evidence to prove both importation and possession with intent to distribute. We affirm.

Background

On the morning of July 5, 1987, Mora arrived at San Francisco International Airport on Mexicana Airlines. Customs officers requested Mora’s passport and customs declaration. Mora was sent to a secondary inspection station because her passport reflected numerous trips during a short period of time.

Upon examination, a customs officer discovered a package wrapped in black tape in the bottom of Mora’s tightly packed bag of baby items. The package contained 387.6 grams of 25.1% tar heroin.

Discussion

Sufficiency of Evidence

Although Mora moved for a judgment of acquittal at the end of the government’s case, her counsel neglected to renew the motion at the close of evidence. Hence Mora waived the…