U.S. v. Valentin, 77-2748
| Decision Date | 17 February 1978 |
| Docket Number | No. 77-2748,77-2748 |
| Citation | 569 F.2d 1069 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. John Francisco VALENTIN, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Dick L. Madson, of Cowper & Madson, Fairbanks, Alaska, for defendant-appellant.
Stephen Cooper, Asst. U. S. Atty., Fairbanks, Alaska, for plaintiff-appellee.
Appeal from the United States District Court for the District of Alaska.
Before WRIGHT, CHOY and TANG, Circuit Judges.
In a trial by jury appellant was convicted of possession of cocaine with intent to distribute. We affirm.
He contends (1) that his motion to suppress evidence seized at his residence was denied by the district court in error, (2) that there was insufficient evidence that he knowingly possessed any cocaine and (3) that there was insufficient evidence that he knowingly possessed cocaine with intent to distribute it.
The package, which originally contained about 208 grams of cocaine imbedded in a jar of coffee, had been delivered to an airline freight office in Los Angeles by appellant's brother, Peter Valentin, using the pseudonym "Paul Valencia." Peter addressed the parcel to "John Valencia" at Fairbanks, Alaska. The airline's freight agent, remembering that Peter had previously used either "Valencia" or "Valentin" in making other shipments via that office, became suspicious. With his supervisor the agent opened and inspected the contents of the parcel. They summoned the Los Angeles police who removed 62 grams of the cocaine, rewrapped the parcel and shipped it on to Anchorage, Alaska. At Anchorage, Alaska state police and federal Drug Enforcement agents reopened the package, removed all but one gram of the cocaine, installed two electronic transmitters with it and resealed the parcel. The parcel was then taken to a Fairbanks air freight office and a watch kept by the officers for its consignee. The officers tried without success to find a federal judge or magistrate to issue a search warrant presumably to search the destination of the package. A similar effort through the state district attorney's office proved futile.
Two days later, appellant (who was then unknown to the officers) and a Russell Smith called at the Fairbanks freight office for the parcel, appellant signing "J. Valencia" on the receipt for it. The transmitters led the officers to a house. Shortly after Smith and appellant entered the house Smith came out and as he drove away he was stopped and arrested. The officers then knocked on the door of the house, one of them announcing that he was a police officer. The door was locked and no one within responded. Using a key obtained from Smith, the officers opened the door, entered and arrested appellant. In plain view, they saw the parcel and its contents. No one besides appellant was in the house.
Several telephone bills were also seized in the house showing calls from it to a Redondo Beach, California number. Peter was arrested in the...
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