United States v. John Maloney

I. BACKGROUND

On June 17, 2010, John Maloney drove a Freightliner tractor-trailer to the Highway 78 Border Patrol checkpoint in Imperial County, California. At the checkpoint, a detector canine (Aja-D) alerted to the tractor-trailer. Maloney agreed to exit the tractor-trailer so that the canine could perform a second sniff around the vehicle. Aja-D again alerted to the sleeping area (located in the back of the cab). Maloney then agreed to a physical search of the tractor-trailer. Border Patrol Agents found 112 sealed packages (weighing a total of 146.06 kilograms or 321.33 pounds) of marijuana in the bunk area behind the driver’s seat. The top bunk contained nine bricks of marijuana in a black garbage bag. Agents found the remaining bricks in a compartment under the bottom bunk.

UNITED STATES V . MALONEY

A grand jury indicted Maloney for knowingly and intentionally possessing, with intent to distribute 100 kilograms or more of marijuana in violation of 21 U.S.C. § 841(a)(1). A jury trial followed, and the jury found Maloney guilty of the indicted offense. On August 5, 2011, the district court entered judgment and sentenced Maloney to sixty-three months…