United States v. Genoveva Asuncion

Genoveva Asuncion appeals her conviction for importation of and possession with intent to distribute methamphetamine, and conspiracy to do the same. She has raised a number of challenges to her conviction and sentencing. We affirm in part, reverse in part, and remand.

On October 8,1989, hotel maid and mother of four Genoveva Asuncion drove to the home of Rolando Gaoiran in Waipahu, Hawaii. Gaoiran, a social acquaintance of Asuncion’s, gave Asuncion $1000 in cash for Asuncion to purchase a return ticket to the Philippines. Asuncion left Honolulu for Manila on October 13. She stayed in Manila for three days, visiting, among others, her friends Anita Pagdilao and Josephine Baligad. Before leaving Manila, Pagdi-lao gave Asuncion two boxes with instructions to deliver them to Gaoiran in Honolulu. Pagdilao instructed Asuncion not to open the boxes.

Asuncion returned to Honolulu at 9:00 a.m. on October 16. In the bottom of the two boxes Asuncion was bringing back from the Philippines, customs agents discovered two margarine containers. Underneath layers of margarine, the agents discovered 906.2 grams of a substance, 779.9 grams of which consisted of pure methamphetamine. Asuncion was…