United States v. Sixto Humberto Sanchez, United States of America v. Reyes Acebes Barajas, United States of America v. Richard T. Terrones

Reyes Acebes Barajas, Sixto Humberto Sanchez, and Richard Trinidad Terrones appeal from the district court’s imposition of sentence. Each defendant was found guilty after a jury trial of importation of a controlled substance in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 952 and 960, conspiracy to import a controlled substance in violation of 21 U.S.C. §§ 952 , 960, and 963, possession of a controlled substance with intent to distribute in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841 (a)(1), and conspiracy to possess a controlled substance with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 846.

PERTINENT FACTS

At 6:00 p.m. on December 15, 1989, acting on information in the United States Customs Treasury Enforcement Communication System, border agents at the San Ysidro Port of Entry directed three pickup trucks attempting to cross the border from Mexico into the United States to secondary inspection. The trucks, one driven by each appellant, were traveling minutes apart. Sanchez and Terrones crossed first, in pickup trucks outfitted with camper shells, and Barajas followed in a pickup truck with an open bed. After an inspection, the agents discovered secret…