United States v. Alfredo Davila-Escovedo

On June 29, 1993, appellant Alfredo Davi-la-Escovedo was tried before a jury on a two-count indictment charging importation of marijuana with intent to distribute (Count One) and possession of marijuana with intent to distribute (Count Two) in violation of 21 U.S.C. §§ 952 , 960, and 841(a)(1). The following day, the jury returned a verdict of guilty on both counts. On October 4, 1993, appellant was sentenced to a term of imprisonment of seventy (70) months.

Appellant raises two issues on appeal. First, appellant claims that there was insufficient evidence to support his conviction for knowing possession of marijuana. Second, appellant claims that his ease should be remanded for resentencing for the district court’s failure to determine whether appellant had read the presentence investigation report and discussed it with his counsel.

For the reasons set forth below, we affirm.

Background

On March 24, 1993, at approximately 7:30 a.m., Customs Inspector John Neatherlin of the United States Customs Service observed appellant arriving at the primary inspection area of the Calexico, California port of entry into the United States. Appellant was the driver and sole occupant of a…