United States v. Jose Luis L.

Good Law
92 Daily Journal DAR 14734·978 F.2d 543·978 F.3d 543·1992 WL 311322·1992 U.S. App. LEXIS 28072
United States Court of Appeals for the Ninth CircuitOctober 30, 199292-10030California1,403 words

Opinion

Opinion

Fernandez, J.

Jose Luis L. (Jose), a juvenile, appeals his conviction for juvenile delinquency, 18 U. S.C. §§ 5031-37, arising out of possession with the intent to distribute less than 50 kilograms of marijuana in violation of 21 U.S.C. §§ 841 (a)(1) & 841(b)(1)(D). We reverse.

BACKGROUND

On October 16, 1991, at 3:00 a.m., Border Patrol Agents Hall and Edwards were tracking four sets of fresh human footprints discovered one and one-half miles north of the United States-Mexico border. The footprints split off: Agent Edwards followed a single set of footprints while Agent Hall followed three sets. Edwards came upon a 25-30 pound bundle of marijuana at the end of the footprints he was following.

At 6:30 a.m., Agent Gonzales found Jose and two adult males walking in the desert not far from Hall’s tracking location. Gonzales knew at that time that Agent Edwards had discovered marijuana. The three admitted that they were illegal aliens and said they were walking north to the town of Wilcox, Arizona to look for work. Wilcox was seventy miles from where the three were found. Gonzales, who had also been tracking footprints,, determined that the three males were the ones who left the footprints he was…

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