United States v. Eduardo Vargas-Castillo

Appellant Eduardo Vargas-Castillo (“Vargas”) appeals his jury convictions for Importation of Cocaine and Marijuana, in violation of 21 U.S.C. §§ 952 and 960, and Possession of Cocaine and Marijuana with Intent to Distribute, in violation of 21 U.S.C. § 841 (a)(1). Vargas argues that the indictment was multiplicitous, the search of his car was illegal, and the laws under which he was convicted are unconstitutional. For the reasons set forth below, we affirm.

BACKGROUND

I. Factual History

On the afternoon of February 7, 2001, Vargas drove from Mexico into the United States through the San Ysidro Port of Entry. At the primary inspection point, Vargas denied to a customs inspector that he was bringing anything from Mexico into the United States. The customs inspector noticed a Treasury Enforcement Computer System (“TECS”) alert on his computer terminal, indicating that Vargas’s car should be referred to secondary inspection. In response to the alert, the customs inspector asked Vargas for the car keys in order to inspect the trunk of the vehicle. The customs inspector noticed Vargas’s hand shook as he handed over the keys, but found nothing unusual in Vargas’s trunk and…