United States v. Jaime Leon Gomez-Norena

Jaime Leon Gomez-Norena (“Gomez”) appeals his conviction, following a jury trial, for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) (1988). We affirm.

I

Late in the afternoon of Friday, January 22, 1988, Avianca Airlines Flight Number 80 from Bogota, Colombia touched down at Los Angeles International Airport. Near the passenger arrival gate, and behind a screening podium, stood United States Customs Inspector Sergio Espinoza. As a “rover screener,” Espinoza had to evaluate each disembarking passenger according to an official “drug courier profile.” Espinoza’s scanning eyes fixed on Gomez, who walked aimlessly down the concourse with a carry-on bag in his hand and a “dumbfounded” look on his face. After failing to attract Gomez’s attention in English, Espinoza used Spanish to hail Gomez over to the podium.

A quick review of Gomez’s ticket, passport, and customs declaration enabled Espinoza to draw several inferences. First, Gomez had begun his trip from the reputed drug capital, Medellin, Colombia. Second, Gomez had paid for his ticket with cash. Third, Gomez had an Australian visa and would be in the United States only for the three…