Beltran-Garcia

Antonio Beltran-Garcia, Jr. appeals from a judgment of conviction on one count of importation of marijuana in violation of 21 U.S.C. §§ 952 and 960, and one count of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1).

On December 18, 1997, Garcia drove a 1991 Chevrolet Silverado pickup truck *1202 from Mexico to the United States border at San Ysidro. Upon arrival at the border checkpoint, an inspector noticed that the spare tire mounted underneath the truck was unusually clean and solid when tapped. Garcia was taken to the pat down office by the Secondary Inspector, who found $800 on Garcia’s person. Subsequently, twenty kilograms of marijuana were found in the spare tire. Garcia was indicted for knowingly and intentionally importing marijuana and for possession with intent to distribute.

At trial, Garcia claimed that he did not know there was marijuana in the spare tire. He testified that several days before he crossed the border into the United States the tire on his truck went flat. According to Garcia, two individuals approached him and fixed his tire for a fee. Then the individuals sold him a spare tire which they personally mounted to…