Mejia

United States v. Mejia

Good Law
28 F. App'x 687
United States Court of Appeals for the Ninth CircuitJanuary 14, 2002No. 01-10010; D.C. No. CR-00-00046-RGSCalifornia1,091 words

Opinion

Lead Opinion

*689 MEMORANDUM

Alice Mejia appeals a jury conviction and sentence on two counts arising from a drug transfer with Salazar-Martinez, an imprisoned co-defendant. Mejia complains that the verdict was not supported by substantial evidence and that the prosecutor impermissibly commented on her right to remain silent.

BACKGROUND

Mejia visited Salazar-Martinez while he was imprisoned at the FCI-Phoenix prison. During her visit, Mejia took four trips to the restroom, kissing Salazar-Martinez mouth-to-mouth immediately after each trip. The government contends that during her trips to the restroom Mejia transferred drug-filled balloons from a secreting place on her body to her mouth, and that upon her return she transferred the balloons to Salazar-Martinez, by kissing him mouth-to-mouth. Salazar-Martinez then swallowed the balloons. Noticing this excessive personal contact, prison officials terminated the visit and escorted Mejia from the prison.

Salazar-Martinez was then strip-searched and placed in dry-cell isolation. While in the dry-cell, he had a number of bowel movements, two of which contained drug-filled balloons. The first bowel movement, containing eight balloons, took…

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