United States v. Andes-Mar Pereira Barbosa

Defendant Andes-Mar Pereira Barbosa appeals his conviction, following a jury trial, for importation of cocaine, in violation of 21 U.S.C. §§ 952 (a) and 960, and possession with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). He also challenges the district court’s application of Sentencing Guideline § 3C1.1 to increase his offense level by two points. We affirm.

After arriving in the Los Angeles International Airport on a flight from Rio de Janeiro, Barbosa was stopped by Customs Inspector Charles Carlson and asked to present his luggage for inspection. As a result of the inspection, Barbosa was discovered to be carrying two chessboards, in which an aggregate of six and one-half pounds of cocaine was concealed.

Barbosa denied any knowledge of the drugs, telling Customs Agent Lynn Wood that he had received the chess sets from a man named Felix who asked him to deliver them to someone called Charley. He also admitted having brought three similar chess sets into the U.S. on a previous trip, which he also delivered to Charley, who had been waiting for him outside the Cus toms Inspection area. Agent Wood allowed Barbosa to leave the inspection area under surveillance,…