United States v. Jose Dominguez Lim, Jr.

Good Law
93 Daily Journal DAR 1225·984 F.2d 331·37 Fed. R. Serv. 1258·1993 U.S. App. LEXIS 1201·93 Cal. Daily Op. Serv. 599
United States Court of Appeals for the Ninth CircuitJanuary 27, 199392-10078California2,911 words

Opinion

Opinion

Pregerson, J.

Jose Dominguez Lim, Jr. (“Lim”) appeals his conviction after a jury trial on one count of conspiracy to distribute and possess with intent to distribute ten or more grams of methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and on one count of possession with intent to distribute ten or more grams of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(B) and 18 U.S.C. § 2 . We affirm.

BACKGROUND

Lim, wearing a yellow sweater, was arrested at the Honolulu Airport on a flight from Los Angeles. Lim had no drugs in his possession. But another passenger, Herman Martinez Aposto! (“Apóstol”), who carried a flight itinerary connecting him to Lim, was found in possession of drugs.

Undercover Honolulu police officers were assigned the task of observing arriving passengers. They noticed that Apóstol, who walked off the plane before Lim, appeared to be looking around the airport as if he were seeking someone. They then saw Lim walk off the plane. Lim also appeared to be looking around for someone and to be watching Aposto! and the undercover agents. The agents then stopped Apóstol for questioning. Lim, however, proceeded to the baggage claim area, claimed a bag, and…

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