Conchas

United States v. Conchas

Good Law
302 F. App'x 711
United States Court of Appeals for the Ninth CircuitDecember 4, 2008No. 08-50056California584 words

Opinion

lead Opinion

MEMORANDUM ***

Luis Juan Conchas (“Conchas”) appeals his jury trial conviction for importing marijuana into the United States ( 21 U.S.C. §§ 952 , 960) and possessing marijuana with the intent to distribute ( 21 U.S.C. § 841 (a)(1)). We affirm.

The evidence was sufficient to sustain the conviction. United States v. Diaz-Cardenas, 351 F.3d 404 (9th Cir. 2003), addressing nearly identical facts, concluded that a rational jury could “infer knowledge from possession of a large quantity of drugs” hidden in a car, and no more. Id. at 407 (citing United States v. Cervantes, 219 F.3d 882, 893 (9th Cir.2000)). See also United States v. Barbosa, 906 F.2d 1366, 1368 (9th Cir.1990) (“[Mjere possession of a substantial quantity of narcotics is sufficient to support an inference that a defendant knowingly possessed the narcotics.”).

When drugs are hidden in a secret compartment within a vehicle, a rational jury *713 may also infer that the driver who had control of the car prior to the border crossing knew of the drugs. United States v. Martinez, 514 F.2d 384 , 339 (9th Cir.1975); United States v. Rubio-Villareal, 927 F.2d 1495, 1499 (9th Cir.1991) (stating that this inference is reasonable…

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