UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JOSE ASCOLANI-GONZALEZ, DEFENDANT-APPELLANT
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The court held that the act of driving a car laden with concealed contraband provides a substantial basis for a jury to infer the occupant's knowledge.
Appellant was apprehended driving a car containing approximately 150 pounds of marijuana in a hidden compartment. He was convicted of smuggling and co…
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PER CURIAM:
On July 3, 1970, appellant was apprehended while attempting to enter the United States from Mexico. The car which appellant was driving contained approximately 150 pounds of marihuana, secreted in a hidden compartment.
Appellant was subsequently convicted on two counts of violating 21 U.S.C. § 176a: (1) knowingly smuggling 150 pounds of marihuana into the United States with intent to defraud the United States; (2) knowingly receiving, concealing, and facilitating the transportation and concealment of the same with intent to defraud the United States.
On appeal, appellant disputes his knowledge of the presence of the marihuana and contests the sufficiency of the evidence in this respect to support conviction.
This court has consistently held that the question of the occupant’s knowledge is particularly within the jury’s province, and that once this determination is made, the reviewing court should not disturb the finding where there is a substantial basis for the jury’s inference. See United States v. Guzman, 446 F. 2d 1137 (9th Cir. 1971). The act of driving a car laden with concealed contraband provides such a substantial basis. Id; Eason v. United States, 281 F. 2d 818 (9th Cir. 1960).
Affirmed.
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United States v. Martinez, 514 F.2d 334 (9th Cir. 1975)
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United States v. Ramos, 476 F.2d 624 (9th Cir. 1973)
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United States v. Castillo-Burgos, 501 F.2d 217 (9th Cir. 1974)
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eason v. United States, 281 F.2d 818 (9th Cir. 1960)
- United States v. Guzman, 446 F.2d 1137 (9th Cir. 1971)