U.S. v. Valentin, No. 77-2748

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore WRIGHT, CHOY and TANG; CHOY
Citation569 F.2d 1069
PartiesUNITED STATES of America, Plaintiff-Appellee, v. John Francisco VALENTIN, Defendant-Appellant.
Decision Date17 February 1978
Docket NumberNo. 77-2748

Page 1069

569 F.2d 1069
UNITED STATES of America, Plaintiff-Appellee,
v.
John Francisco VALENTIN, Defendant-Appellant.
No. 77-2748.
United States Court of Appeals,
Ninth Circuit.
Feb. 17, 1978.

Page 1070

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.

CHOY, Circuit Judge:

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,

Page 1071

Smith came out and as...

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27 practice notes
  • State v. Schmidt
    • United States
    • United States State Supreme Court (New Jersey)
    • May 16, 1988
    ...at 847-48 (defendant possessed drugs in actual possession of helper by virtue of control over disposition); United States v. Valentin, 569 F.2d 1069, 1071 (9th Cir.1978) (defendant constructively possessed drug shipment when brother delivered it to air freight office addressed to him); cf. ......
  • U.S. v. Raper, Nos. 81-1275
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 30, 1982
    ...United States v. Grayson, 597 F.2d 1225 (9th Cir. 1979); United States v. Staten, supra, 581 F.2d at 883; United States v. Valentin, 569 F.2d 1069, 1071 (9th Cir. 1978); United States v. Littrell, 574 F.2d 828 (5th Cir. 1978), and may be found to exist where the evidence supports a finding ......
  • U.S. v. Disla, No. 85-5256
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 8, 1986
    ...may also be proven by the defendant's participation in a "joint venture" to possess a controlled substance. United States v. Valentin, 569 F.2d 1069, 1071 (9th Cir.1978) (citing authorities). The ultimate question is whether, viewing the evidence in a light most favorable to the government,......
  • U.S. v. Blalock, No. 76-3522
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 10, 1978
    ...brown bag and the purpose of the Agents' entry and arrest of Blalock is too obvious to play riddle games. See United States v. Valentin, 569 F.2d 1069 at 1070 (9th Cir. 1978). United States v. Blake, 484 F.2d 50, 57 (8th Cir. 1973), cert. denied, 417 U.S. 949, 94 S.Ct. 3076, 41 L.Ed.2d 669 ......
  • Request a trial to view additional results
27 cases
  • U.S. v. Raper, Nos. 81-1275
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 30, 1982
    ...United States v. Grayson, 597 F.2d 1225 (9th Cir. 1979); United States v. Staten, supra, 581 F.2d at 883; United States v. Valentin, 569 F.2d 1069, 1071 (9th Cir. 1978); United States v. Littrell, 574 F.2d 828 (5th Cir. 1978), and may be found to exist where the evidence supports a finding ......
  • State v. Schmidt
    • United States
    • United States State Supreme Court (New Jersey)
    • May 16, 1988
    ...at 847-48 (defendant possessed drugs in actual possession of helper by virtue of control over disposition); United States v. Valentin, 569 F.2d 1069, 1071 (9th Cir.1978) (defendant constructively possessed drug shipment when brother delivered it to air freight office addressed to him); cf. ......
  • U.S. v. Disla, No. 85-5256
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 8, 1986
    ...may also be proven by the defendant's participation in a "joint venture" to possess a controlled substance. United States v. Valentin, 569 F.2d 1069, 1071 (9th Cir.1978) (citing authorities). The ultimate question is whether, viewing the evidence in a light most favorable to the government,......
  • U.S. v. Blalock, No. 76-3522
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 10, 1978
    ...brown bag and the purpose of the Agents' entry and arrest of Blalock is too obvious to play riddle games. See United States v. Valentin, 569 F.2d 1069 at 1070 (9th Cir. 1978). United States v. Blake, 484 F.2d 50, 57 (8th Cir. 1973), cert. denied, 417 U.S. 949, 94 S.Ct. 3076, 41 L.Ed.2d 669 ......
  • Request a trial to view additional results

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