United States v. Edward Carranza

Good Law
2002 Daily Journal DAR 4858·289 F.3d 634·2002 WL 841175·2002 Cal. Daily Op. Serv. 3842·2002 U.S. App. LEXIS 8588
United States Court of Appeals for the Ninth CircuitMay 3, 200200-50607California3,666 words

Opinion

Opinion

Goodwin, J.

Edward Carranza appeals his conviction for possession of marijuana with intent to distribute and importation of marijuana. He claims that the evidence was not sufficient to convict him of these charges. Carranza also assigns error to the denial of his motion to suppress his post-arrest statement; he argues that this statement was the fruit of an illegal arrest, because the arrest was not supported by probable cause. Finally, Carranza claims that the district court incorrectly instructed the jury with respect to the mens rea requirement, and sentenced him under unconstitutional statutes. We affirm.

FACTUAL BACKGROUND

Edward Carranza (“Carranza”) was the sole passenger of a pickup truck being driven by Elias Muro-Robles (“Muro-Ro-bles”) across the border from Mexico into the United States. Customs inspectors at the Tecate Port of Entry stopped the vehi cle. At the primary inspection point, Muro-Robles declared that he was a United States citizen and that he had driven down from Stockton, California to Tecate, Mexico to visit his girlfriend. Muro-Ro-bles stated that he and Carranza were going to San Diego to pick up somebody. The primary customs inspector sent Muro-Robles…

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