Robledo-Vela
United States v. Robledo-Vela
Opinion
Lead Opinion
*568 AMENDED MEMORANDUM **
Robledo-Vela (“Robledo”) challenges his conviction for importing marijuana and possessing marijuana with intent to distribute in violation of 21 U.S.C. §§ 841 & 960.
There was sufficient evidence of Robledo’s knowledge to support his conviction. The government relied on a variety of circumstantial evidence to prove Robledo’s knowledge of drugs in his vehicle, including the fact that Robledo was the sole occupant of the vehicle, that he was very nervous and that he presented numerous different stories regarding how he came to be driving the vehicle. This court has previously held similar circumstantial evidence of knowledge sufficient to support a conviction. See United States v. Hursh, 217 F.3d 761, 767-68 (9th Cir.2000); United States v. Davila-Escovedo, 36 F.3d 840, 843 (9th Cir.1994).
There was also sufficient evidence of importation. In Daut v. United States, 405 F.2d 312, 316 (9th Cir.1968), this circuit rejected a defendant’s contention that he had not imported marijuana into the United States because he had been stopped at the Mexieo-Arizona border.
We do, however, agree with Robledo that there was significant prosecutorial misconduct in the…