United States v. Ramos, No. 72-1520.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtCHAMBERS and HUFSTEDLER, Circuit , and EAST, Senior
Citation476 F.2d 624
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Henry Martin RAMOS, Defendant-Appellant.
Docket NumberNo. 72-1520.
Decision Date29 March 1973

476 F.2d 624 (1973)

UNITED STATES of America, Plaintiff-Appellee,
v.
Henry Martin RAMOS, Defendant-Appellant.

No. 72-1520.

United States Court of Appeals, Ninth Circuit.

March 29, 1973.


James M. McCabe (argued), Benjamin F. Rayborn, Fed. Defenders, San Diego, Cal., for defendant-appellant.

Mac Amos, Jr., Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., James W. Meyers, Asst. U. S. Atty., Stephen

476 F.2d 625
G. Nelson, San Diego, Cal., for plaintiff-appellee

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and EAST,* Senior District Judge.

EAST, Senior District Judge:

On March 31, 1971, the appellant, Henry Martin Ramos (Ramos), and a co-defendant, Richard Steven Martinez (Martinez), were indicted on two counts. Count two charges Ramos and Martinez with intent to defraud the United States by knowingly receiving, concealing and facilitating the transportation and concealment of some 108 pounds of marijuana, in violation of 21 U.S.C. Section 176a.

The defendants were tried by the District Court without a jury. Ramos and Martinez each testified generally to Ramos' innocence. The District Court found both defendants guilty and sentenced each to custody.

This court has jurisdiction pursuant to 28 U.S.C. Sections 1291 and 1294. We affirm.

The evidence presented on the government's case in chief we narrate as follows:

On March 20, 1971, an agent of the Border Patrol stopped a 1966 Mustang at a checkpoint on Interstate 8 near Ocotillo, California, approximately three miles from the Mexican border, in order to inspect the vehicle for the presence of aliens. Martinez was driving the car and Ramos was riding as a passenger.

After stopping the vehicle the agent directed it to the side of the road, toward a second agent who was observing the vehicle being stopped for his inspection of the car. The agent asked the driver to open the trunk and he replied that he did not have the key. The occupants were asked to exit the vehicle and step to the rear of the car. The agent removed the rear seat and detected the odor of marijuana. Forty-nine kilos of marijuana were removed from the trunk after an agent had forced it open.

Both defendants were placed under arrest and handcuffed. Martinez was placed in a patrol car near the load car where he remained until removed from the scene. Ramos was first placed on a dirt pile near the side of the road, some ten feet distant, where he remained until custom agents removed him to a patrol vehicle...

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24 practice notes
  • U.S. v. Anderson, Nos. 74-3291 and 74-3292
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 23, 1976
    ...Cisneros, 448 F.2d 298, 305, 306 Page 1227 (9th Cir. 1971); United States v. Castro, 476 F.2d 750 (9th Cir. 1973); United States v. Ramos, 476 F.2d 624 (9th Cir. 1973), cert. denied 414 U.S. 836, 94 S.Ct. 182, 38 L.Ed.2d 72; United States v. Peyton, 454 F.2d 213 (9th Cir. 1971); Dyer v. Mac......
  • U.S. v. Rubio-Villareal, RUBIO-VILLAREA
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 11, 1992
    ...of the evidence to support the conviction of the driver of a vehicle in which contraband was concealed. See United States v. Ramos, 476 F.2d 624, 625 (9th Cir.), cert. denied, 414 U.S. 836, 94 S.Ct. 182, 38 L.Ed.2d 72 (1973); United States v. Dixon, 460 F.2d 309, 309-10 (9th Cir.) (per curi......
  • U.S. v. Lochan, No. 81-1170
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • April 1, 1982
    ...510 F.2d 1118, 1121 (5th Cir.) (per curiam), cert. denied, 423 U.S. 854, 96 S.Ct. 101, 46 L.Ed.2d 78 (1975); United States v. Ramos, 476 F.2d 624, 625 (9th Cir.), cert. denied, 414 U.S. 836, 94 S.Ct. 182, 38 L.Ed.2d 72 (1973). But see United States v. Chadwick, 532 F.2d at The government's ......
  • U.S. v. Martinez, Nos. 74-2825
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 28, 1975
    ...and II. See Bettis v. United States, 9 Cir., 1969, 408 F.2d 563, 568; United States v. Hood, supra; United States v. Ramos, 9 Cir., 1973, 476 F.2d 624; Deck v. United States, 9 Cir., 1968, 395 F.2d 2. Counts V and VI. These counts charge importation and possession of a "measurable quan......
  • Request a trial to view additional results
24 cases
  • U.S. v. Anderson, Nos. 74-3291 and 74-3292
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 23, 1976
    ...Cisneros, 448 F.2d 298, 305, 306 Page 1227 (9th Cir. 1971); United States v. Castro, 476 F.2d 750 (9th Cir. 1973); United States v. Ramos, 476 F.2d 624 (9th Cir. 1973), cert. denied 414 U.S. 836, 94 S.Ct. 182, 38 L.Ed.2d 72; United States v. Peyton, 454 F.2d 213 (9th Cir. 1971); Dyer v. Mac......
  • U.S. v. Rubio-Villareal, RUBIO-VILLAREA
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 11, 1992
    ...of the evidence to support the conviction of the driver of a vehicle in which contraband was concealed. See United States v. Ramos, 476 F.2d 624, 625 (9th Cir.), cert. denied, 414 U.S. 836, 94 S.Ct. 182, 38 L.Ed.2d 72 (1973); United States v. Dixon, 460 F.2d 309, 309-10 (9th Cir.) (per curi......
  • U.S. v. Lochan, No. 81-1170
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • April 1, 1982
    ...510 F.2d 1118, 1121 (5th Cir.) (per curiam), cert. denied, 423 U.S. 854, 96 S.Ct. 101, 46 L.Ed.2d 78 (1975); United States v. Ramos, 476 F.2d 624, 625 (9th Cir.), cert. denied, 414 U.S. 836, 94 S.Ct. 182, 38 L.Ed.2d 72 (1973). But see United States v. Chadwick, 532 F.2d at The government's ......
  • U.S. v. Martinez, Nos. 74-2825
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 28, 1975
    ...and II. See Bettis v. United States, 9 Cir., 1969, 408 F.2d 563, 568; United States v. Hood, supra; United States v. Ramos, 9 Cir., 1973, 476 F.2d 624; Deck v. United States, 9 Cir., 1968, 395 F.2d 2. Counts V and VI. These counts charge importation and possession of a "measurable quan......
  • Request a trial to view additional results

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