United States v. Clayborn, Crim. No. SA74CR90.

• Decision Date: 07 November 1974
• Docket Number: Crim. No. SA74CR90.
• Citation: 383 F. Supp. 1186
• Parties: UNITED STATES of America v. Leon CLAYBORN and Judy Brown Evans.
• Court: U.S. District Court — Western District of Texas

383 F. Supp. 1186

UNITED STATES of America v.Leon CLAYBORN and Judy Brown Evans.

Crim. No. SA74CR90.

United States District Court, W. D. Texas, San Antonio Division.

November 7, 1974.

William S. Sessions, U. S. Atty., Joel D. Conant, Asst. U. S. Atty., San Antonio, Tex., for plaintiff.

Oscar C. Gonzalez, San Antonio, Tex., for defendant.

JUDGMENT AND ORDER

SPEARS, Chief Judge.

The defendantJudy Brown Evans was charged with knowingly, unlawfully and intentionally possessing with intent to distribute approximately 161.4 grams of heroin, a Schedule I Narcotic Drug Controlled Substance, in violation of Title 21, United States Code, Section 841(a)(1); and the defendantLeon Clayborn was charged with knowingly, unlawfully, and intentionally aiding, abetting, counseling, commanding, inducing and procuring the commission of said offense, in violation of Title 18, United States Code, Section 2.Both defendants entered pleas of "Not Guilty", and waived their right to a jury trial.The question of the guilt or innocence of each defendant is, therefore, before the Court for determination.

On September 16, 1974, this Court held that the law enforcement officers had probable cause to conduct the search of the person of Judy Brown Evans on October 3, 1973; therefore, the finding of the heroin on her person pursuant to said search, was and is admissible as evidence against her.The result of the search, coupled with the actions of said defendant in embarking on an airplane trip to Tucson, Arizona with the defendantLeon Clayborn on October 2, 1973 and returning on October 3, 1973, without any luggage on either occasion, constitutes more than sufficient proof beyond a reasonable doubt to warrant this Court in finding that said defendantJudy Brown Evans is guilty of the lesser offense of possession of heroin in violation of 21 U.S.C. § 844(a), and the Court so finds.SeeUnited States v. Owens, 344 F.Supp. 1355(W. D.Tex.1972).However, such evidence was insufficient to prove beyond a reasonable doubt that said defendantJudy Brown Evans intended to distribute the heroin then found in her possession.She was not required to produce any evidence to prove her innocence, and this Court cannot infer from her failure to do so, or from the evidence presented by the Government, that the amount of heroin involved was possessed with intent to distribute.This was a burden that the Government may have been able to satisfy, if it had chosen to do so, but the fact remains that it did not so choose.¹

Furthermore, the Court is of the opinion that the Government has not presented evidence sufficient to prove beyond a reasonable doubt that the defendantLeon Clayborn knowingly, unlawfully, and intentionally aided, abetted, counseled, commanded, induced and procured the possession of said...