United States v. Espiridion Martinez-Cortez

976 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Espiridion MARTINEZ-CORTEZ, Defendant-Appellant. No. 91-50861. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1992. * Decided Sept. 23, 1992. Before WIGGINS, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 A jury convicted Martinez-Cortez of importing and possessing 126 pounds of marijuana, 21 U.S.C. §§ 952 , 960, and possessing the marijuana with intent to distribute it. 21 U.S.C. § 841 (a). Martinez-Cortez did not deny at trial that the vehicle he brought into the United States had large quantities of marijuana concealed in its gas tank. Nor did he contest that he falsely informed the customs inspector that the car he was driving was his own. His only defense was that he agreed to bring a stranger's car across the border in exchange for $100, unaware that marijuana was hidden inside the automobile. 3 The prosecution…