United States v. Bowen, 72-1012.
| Citation | 462 F.2d 347 |
| Decision Date | 24 July 1972 |
| Docket Number | No. 72-1012.,72-1012. |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. John Lee BOWEN, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Michael D. Nasatir (argued), of Nasatir, Sherman & Hirsch, Beverly Hills, Cal., for defendant-appellant.
Shelby R. Gott (argued), Asst. U.S. Atty., Stephen G. Nelson, Asst. U.S. Atty., Harry D. Steward, U.S. Atty., San Diego, Cal., for plaintiff-appellee.
Before MERRILL and GOODWIN, Circuit Judges, and LYDICK,* District Judge.
John Lee Bowen appeals his conviction, following a jury trial, for violation of 21 U.S.C. 176(a) and 21 U.S.C. 331(q)(3)(B) ().
While searching Bowen's rented camper for aliens, Immigration Officer Ortmeier first smelled and then found in the camper nearly 356 pounds of marijuana bricks of the type and packaged in the manner that usually comes from Mexico, along with backpacking equipment and burlap bags marked Product of Mexico. One hundred fifty-eight benzedrine tablets were found in the pocket of a jacket in the cab of the camper.
Questions raised on appeal are whether the search and seizure were lawful, whether there was sufficient evidence for the jury to conclude that the marijuana had been unlawfully imported by appellant and whether appellant knew it had been unlawfully imported when he transported it.
The search and seizure were plainly lawful. The circumstantial evidence of knowledge of unlawful importation on Count 2 of the Indictment, though not overwhelming, was clearly sufficient to support the jury verdict. The question of the sufficiency of the evidence to support the smuggling charge of Count 1 need not be reached since the sentences on Counts 1 and 2 were identical and concurrent. United States v. Aranda, 9th Cir., 1972, 457 F.2d 761.
The judgment is affirmed.
* The Honorable Lawrence T. Lydick, United States District Judge for the Central District of California, sitting by designation.
To continue reading
Request your trial
-
U.S. v. Bowen
...court upon the remand of the Supreme Court, Bowen v. United States, 413 U.S. 915, 93 S.Ct. 3069, 37 L.Ed.2d 1038 (1973), vacating, 462 F.2d 347 (9th Cir. 1972). Bowen was convicted of smuggling and transporting marijuana and of possessing depressant and stimulant drugs. The evidence of the ......
-
Williams v. State
...seizures under the Fourth Amendment, that means that the newly announced decision is to be applied retroactively. In United States v. Bowen, 462 F.2d 347 (9th Cir. 1972), the court affirmed Bowen's conviction, and Bowen petitioned the United States Supreme Court for certiorari. While his pe......
-
Bowen v. United States 8212 6848
...The Court of Appeals for the Ninth Circuit affirmed petitioner's conviction, rejecting his argument that the search was unlawful. 462 F.2d 347 (1972). A petition for certiorari was pending when we announced our decision in Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.......
-
United States v. Fuentes, Crim. No. 74-B-69.
...the Ninth Circuit had originally affirmed Per Curiam the narcotic conviction arising out of a checkpoint search in United States v. Bowen, 462 F.2d 347 (CA 9 1972). The case was appealed to the Supreme Court, who vacated the Ninth Circuit opinion and ordered that case remanded for considera......